^ 


" 


A.     SKETCH 


OF   THE 


LIFE 


OF 


COM.  ROBERT  F.  STOCKTON-; 


WITH 


AN  APPENDIX, 


COMPRISING 

HIS  CORRESPONDENCE  WITH  THE  NAVY  DEPARTMENT 

9 

RESPECTING  HIS  CONQUEST  OF  CALIFORNIA; 

AND 

EXTRACTS  FROM  THE  DEFENCE  OF  COL.  J.  C.  FREMONT, 

IN  RELATION  TO  THE  SAME  SUBJECT; 

TOGETHER   WITH    HIS 


lit  fyt  Stnatt  of  lire  ftlnto  Slate, 

AND    HIS 

POLITICAL  LETTERS. 


NEW  YORK: 
DER1&  £  JACKSOJ     "~  "ASSAU  ST. 


ENTK^KD   accorilii.g  to   Act  of  Congress,  in  tbe   year  1856,  by 
DERB1*    &    JACKSON,          * 

In  the.  ClesVs  OSice  of  the  District  Court  of  the  United  Stuics  for  the  Southern  District  of  New  York. 


W.  H.  TINSOX,  STKKEOTY1  ER. 


CONTENTS, 


PAGE 

INTRODUCTION 7 

CHAPTER  I. 

Ancestors — Richard  Stockton,  the  Signer  of  the  Declaration  of  Independence — Rich 
ard  Stockton,  father  of  the  Commodore — An  eminent  Lawyer — Boyhood — Enters 
College — Character  and  Standing  in  College — His  Self-Education — Enters  the  Navy 
in  1811— Habits  of  Temperance 9 

CHAPTER  II. 

Mr.  Stockton  ordered  to  the  Frigate  President — President  sails  on  a  Cruise — Affair 
with  Belvidera — Stockton  appointed  Aid  to  Commodore  Rodgers — His  Standing  as 
an  Officer— Cruise  of  the  President—  Offers  Battle  to  a  British  Seventy-four— Relief 
of  Alexandria — Defence  of  Baltimore — Recommendations  of  Mr.  Stockton  to  the 
Navy  Department  by  Rodgers — Promoted  to  a  Lieutenancy — Sails  for  the  Mediter 
ranean — Popularity  of  the  Navy — Article  from  the  London  Times 14 

CHAPTER  III. 

Stockton  sails  with  Commodore  Decatur  to  chastise  the  Algerines — Afiair  with  Al- 
gerine  Frigate — Capture  of  Algerine  Brig — Returns  to  the  United  States — Applies 
for  Service  in  Mediterranean  Squadron — Sails  with  Commodore  Chauncey — Trans 
ferred  to  Sloop-of-war  Erie — Affair  with  a  Midshipman — Insolence  of  British  Offi 
cers — Stockton  resents  it — Meeting  at  Naples — Difficulties  at  Gibraltar — Narrow 
Escape  of  Stockton — Returns  in  charge  of  Arrested  Captains  —  Encounter  with 
Spanish  Frigate — Treatment  of  his  Passengers 25 

CHAPTER  IV. 

Stockton  solicited  by  the  Friends  of  the  Colonization  Society  to  aid  them — Applies 
for  one  of  the  new  Schooners — Sails  in  the  Alligator  for  the  Western  Coast  of  Africa 
— Interview  with  Sir  George  McCarty — Visit  to  Cape  Mesurado — Intercourse  with 
Natives — King  Peter  agrees  to  Treat — Dangerous  Palaver — A  Cession  of  Territory 
obtained  by  Treaty — Liberian  Republic 39 

CHAPTER  V. 

Stockton  sails  for  the  United  States — Captures  the  Marriana  Flora — Proceedings  in 
Court — Supreme  Court  sustains  the  Capture — Stockton's  Instructions  respecting  the 
Slave-trade — His  Opinions  as  to  there  being  no  Legal  Property  in  new-made  Slaves 

3 


4  CONTENTS. 

PAGE 

on  the  Coast  of  Africa — Captures  the  Jeune  Eugenie — Proceedings  in  Court — Cele 
brated  Opinion  of  Judge  Story,  sustaining  the  Capture  on  grounds  of  Universal 
Justice  and  the  Law  of  Nature  and  Nations— Fondness  for  the  Sports  of  the  Turf...  48 

CHAPTER  VI. 

Reorganization  of  Parties  in  1826-7 — Independent  Action  of  Mr.  Stockton — His  Rec 
titude  as  a  Politician — The  Federalists — His  Opinions  of  their  Proscription — Mr. 
Adams  pledges  not  to  Proscribe — General  Jackson's  Advice  to  Mr.  Monroe — State 
of  Parties  in  New  Jersey — State  Democratic  Convention — Mr.  Stockton  appointed  a 
Delegate — His  prompt  Punishment  of  an  Insult — Convention  Dissolved — Success  of 
the  Adams  Ticket — Mr.  Adams's  Violation  of  his  Pledges — Mr.  Stockton  denounces 
Him — Supports  General  Jackson  in  1828 — Construction  of  Delaware  and  Raritan 
Canal — Financial  Difficulties — Mr.  Stockton  goes  to  London  and  secures  a  Loan — 
Mr.  Stockton  an  Anti-Monopolist — Canal  Completed — Its  National  Importance — 
New  Jersey  Internal  Improvements — Transit-Duties — No  Tax  on  Citizens  of  other 
States  —  Parallel  between  Mr.  Stockton  and  De  Witt  Clinton— Letter  on  Public 
Works 56 

CHAPTER  VII. 

Mr.  Stockton  sails  in  the  Ohio  (seventy-four)  for  the  Mediterranean — Gives  his  Atten 
tion  to  Naval  Architecture — Visits  England — Forms  the  Design  of  a  Steam  Frigate 
— Promoted  to  Post-Captaincy — Returns  to  United  States — State  of  Parties — Van 
Buren's  Administration — Corruption — Insult  to  New  Jersey — Captain  Stockton  Re 
pudiates  Van  Buren — Supports  Harrison — Mr.  Tyler's  Independent  Action — Offers 
the  Appointment  of  Secretary  of  the  Navy  to  Captain  Stockton — Declined — Con 
struction  of  War-Steamer  Princeton — Success  of  this  Vessel — Accident — Report  of 
Court  of  Inquiry — Captain  Stockton  sails  to  Texas  with  Annexation  Resolutions — 
Predicts  Mexican  War 76 

CHAPTER   VIII. 

Captain  Stockton  ordered  to  the  Frigate  Congress — His  Letter  to  the  Secretary  of  the 
Navy — Sails  for  the  Sandwich  Islands — Voyage — A  Sabbath  on  the  Congress — In 
cident  at  Callao — Difficulties  in  the  Sandwich  Islands  with  the  Native  Government 
— Speech  in  Presence  of  the  King — Sails  for  Monterey 94 

CHAPTER   IX. 

Proceedings  of  Commodore  Sloat  in  California — State  of  the  Country — Views  of  Com 
modore  Stockton — His  decided  Measures — Organizes  the  California  Battalion — Ap 
points  Colonel  Fremont  to  Command  of  it — Despatches  him  to  the  South — Sails  for 
San  Pedro — Disciplines  the  Sailors  for  Shore-Service — General  Castro — Californian 
Forces — Commodore  Stockton's  Treatment  of  the  Commissioners  from  the  Enemy — 
March  to  Ciudad  de  los  Angeles — Alarm  of  the  Enemy — Castro  flies — Surrender  of 
his  chief  Followers — Commodore  Stockton  organizes  the  Territory  into  Military  De 
partments — Organizes  the  Civil  Government — General  Submission  of  Inhabitants — 
Tranquillity  of  the  Country — Commodore  Stockton  proceeds  North — Forms  a  De 
sign  of  raising  a  Force  to  march  overland  to  Mexico  City — Letters  to  Captain  Mer- 
vine  and  Colonel  Fremont 110 

CHAPTER  X. 

Insurrection  at  the  South — Movements  of  Commodore  Stockton — Fremont  ordered  to 
San  Diego — Stockton  sails  for  San  Pedro — Repulse  of  Captain  Mervine — Landing 


CONTENTS.  5 

PAQB 

of  Forces  at  San  Pedro — Stockton  proceeds  to  San  Diego — Preparations  for  March 
on  Ciudad  de  los  Angeles — Defeat  of  General  Kearney  at  San  Pasqual — Relieved  by 
Stockton  and  escorted  to  San  Diego — His  Instructions — Claims  the  Civil  Governor 
ship — Refuses  the  Military  Command-in-chief — Volunteers  as  Aid  of  Stockton — 
Extraordinary  Letter  of  Kearney — Stockton's  Reply — Kearney  takes  the  place  of 
Lieutenant  Rowan — Order  of  March 128 


CHAPTER  XL 

March  on  Ciudad  de  los  Angeles — Commissioner  from  Flores — The  Commodore's  Treat 
ment  of  him — Letter  to  Colonel  Fremont — Battles  of  San  Gabriel  and  the  Mesa — 
Dispersion  of  the  Enemy — Commodore  Stockton  re-enters  Ciudad  de  los  Angeles — 
Treaty  of  Coengo — Colonel  Fremont  appointed  Civil  Governor — General  Kearney's 
Pretensions — Dismissed  from  his  Command  of  the  Troops — General  Pacification  of 
California — Commodore  Stockton  returns  to  his  Ships — Kearney  and  Fremont — En 
tire  Approval  of  Stockton's  Proceedings  by  Government — President's  Message — Re 
ports  of  Secretaries  of  Navy  and  War 142 


CHAPTER  XII. 

Commodore  Stockton's  Abstinence  from  Speculation  while  in  California — Establishes 
the  first  Printing-Press  and  the  first  Free-School  in  California — Rev.  Walter  Colton's 
Letter — Draws  on  Washington  on  his  own  Responsibility  for  Funds  to  pay  Expenses 
of  the  War — Prepares  for  Overland  Journey — Description  of  his  Party — Attacked  by 
Indians — Wounded — Punishment  of  the  Enemy — Extricates  his  Men  from  Ambus 
cade — Buffalo  Hunt — Arrives  at  St.  Joseph — Reception — Parting  with  his  Men — Ar 
rives  at  Washington 157 

CHAPTER    XIII. 

Reception  of  Commodore  Stockton  by  his  Friends — Complimentary  Dinner  at  Phila 
delphia — Reception  by  the  Legislature  of  New  Jersey — Resignation  of  Commission 
—State  of  Parties  in  the  United  States— Letter  to  Mr.  Webster  on  Slavery— Declines 
an  Election  Jo  the  Senate  of  the  United  States — His  Election 169 


CHAPTER  XIV. 

Commodore  Stockton  takes  his  Seat  in  the  Senate — Kossuth  Excitement — Resolutions 
of  Legislature  of  New  Jersey — Commodore  Stockton  the  first  to  grasp  the  Practical 
Question  presented  by  Kossuth — Speeches  in  the  Senate  on  Flogging  in  the  Navy — 
Washington's  Birthday  Banquet — Baltimore  National  Democratic  Convention — The 
Presidential  Nomination — General  Expectation  that  Commodore  Stockton  would  be 
tendered  the  Navy  Departments-Resignation  of  Seat  in  Senate 187 


CHAPTER  XV. 

State  of  Parties  in  1854 — Their  threatened  Dissolution— The  American  Party— Motives 
for  the  Repeal  of  the  Missouri  Restriction — Commodore  Stockton's  Opinions  of  the 
Repeal— Political  Opinions  on  other  Subjects— His  Speech  at  Trenton— Encomium 
on  Mr.  Webster — Misrepresentation  of  the  Speech — The  Sentiments  of  the  Speech 
now  generally  approved— The  American  Movement— Commodore  Stockton's  Ameri 
can  Letter ..  193 


6  CONTENTS. 


APPENDIX. 


PAGB 

1.  CALIFORNIA. — Reports  and  Correspondence  with  the  Navy  Department 1 

Instructions  of  the  Secretary  of  "War  to  General  Kearney — Instruc 
tions  from  Navy  Department 30 

Court-Martial  at  Washington,  November,  1847 — Defence  of  Colonel 
Fremont 31 

Hon.  Mr.  Benton's  Speech,  July,  1848,  in  Executive  Session,  on 
Nomination  of  General  Kearney 41 

2.  Commodore  Stockton's  Resignation  as  Senator — Extracts  from  the  Newspapers — 

The  Presidency 48 

3.  Address  of  Commodore  Stockton  to  the  People  of  New  Jersey  on  the  Canal  and 

Railroad  Charters,  1849 54 

4.  COLONIZATION. — Speech  at  Princeton,  1824 63 

Speech  at  Washington,  D.  C.,  1825 67 

Letter  to  Mr.  Webster,  March  25,  1850 69 

5.  Elizabethtown  Address,  July  4,  1851 79 

Trenton  Address,  March,  1852 128 

6.  SPEECHES  IN  THE  SENATE. — On  Flogging  in  the  Navy 84 

On  Non-intervention 94 

On  Compromise  Measures 99 

On  Efficiency  of  the  Army  and  Navy 102 

On  Harbour  Defences 108 

On  the  Question  of  Adjournment 119 

On  Indian  Appropriations 121 

On  the  Death  of  Mr.  Webster 125 

On  Party  Politics  in  the  Senate 126 


INTRODUCTION. 


IF  great  achievements,  important  public  services,  and  a 
life  devoted  to  conferring  benefits  on  his  country  and  race, 
can  render  the  biography  of  a  living  man,  interesting  to  his 
cotemporaries, — if  modest  reluctance  to  trumpet  his  own 
fame,  or  even  vindicate  himself  from  injustice  or  detrac 
tion,  impose  on  his  friends  an  obligation  to  perform  that 
duty  for  him, — then  we  need  offer  no  apology  for  this  sketch 
of  the  life  and  services  of  Commodore  Stockton. 

We  esteem  it  one  of  the  most  happy  events  in  our  life 
to  have  known  Commodore  Stockton  intimately  from  his 
youth.  Educated  and  brought  up  in  the  same  village  and 
academic  institutions, — though  often  separated  from  him 
during  some  of  the  most  active  years  of  his  life, — we  never 
lost  sight  of  him,  nor  failed  to  observe,  with  the  greatest 

interest,  every  incident  of  moment  in  his  varied  and  re- 

• 

markable  career. 

It  is  therefore  from  our  own  knowledge  from  time  to 
time,  as  the  chief  events  of  his  life  took  place,  as  well  as 
from  information  obtained  from  his  companions  on  sea  and 
shore,  and  from  official  documents,  that  we  have  derived 
the  materials  for  the  following  narrative. 


8  INTRODUCTION. 

We  present  it  to  the  public,  not  without  confidence  that, 
although  imperfect  and  deficient,  as  it  doubtless  is,  they  will 
nevertheless  find  in  it  something  worthy  to  be  recorded  and 
remembered, — a  contribution  to  American  history  which 
justice  to  a  patriotic  and  meritorious  fellow-citizen  has 
long  demanded. 


A  SKETCH 


OF    THE 


LIFE  OF  COMMODORE  STOCKTON. 


V-'  THF5 


CHAPTER  I. 

ANCESTORS — RICHARD    STOCKTON,    THE    SIGNER    OF    THE    DECLARATION    OP   INDEPEND 
ENCE RICHARD  STOCKTON,  FATHER    OF    THE    COMMODORE AN   EMINENT  LAWYER — 

BOYHOOD — ENTERS    COLLEGE CHARACTER   AND    STANDING    IN   COLLEGE HIS    SELF- 
EDUCATION — ENTERS  THE  NAVY  IN  1811 — HABITS  OF  TEMPERANCE. 

MORE  than  a  hundred  years  previous  to  the  Declaration  of  Inde 
pendence,  the  ancestors  of  Commodore  Robert  F.  Stockton  emigrated 
from  England,  and  purchased  a  large  tract  of  land,  on  which  they 
settled,  in  the  central  part  of  New  Jersey.  They  belonged  to  the 
Society  of  Friends  (or  Quakers,  as  they  are  often  called),  and  left 
their  fatherland  to  escape  from  the  persecution  which  all  dissenters 
experienced  from  the  restored  dynasty  of  the  Stuarts.  They  ob 
tained  a  deed  from  the  Pennsylvania  lawgiver  for  all  that  land 
bounded  by  the  Province  line  of  New  Jersey  on  the  west,  the  Mill- 
ston  on  the  east,  and  Rocky  Hill  on  the  north,  embracing  the  pre 
sent  borough  of  Princeton  and  about  six  thousand  acres.  Uroii 
this  tract  the  Stocktons  for  several  generations  have  continued  i 
reside,  and  here  the  subject  of  our  narrative  was  born  and  now  livos. 
The  great-grandfather  of  the  commodore  was  John  Stockton,  one 
of  the  first  Presiding  Judges  of  the  Court  of  Common  Pleas  of  the 
County  of  Somerset.  He  was  a  man  of  education  and  influence  in 
the  early  history  of  New  Jersey,  and  universally  respected.  His 
eldest  son  Richard  (grandfather  of  Commodore  Stockton),  who 
was  educated  with  great  care,  was  still  more  distinguished.*  He 
adopted  the  profession  of  the  law,  and  soon  became  successful  in 
its  pursuit.  He  married  a  sister  of  Elias  Boudinot,  one  of  the 

*  See  Fields' s  Provincial  History,  p.  190. 


10  COMMODORE  STOCKTON'S  PARENTAGE. 

Presidents  of  Congress  under  the  old  Confederation.  The  Boudi- 
nots  were  of  Huguenot  extraction.  Thus,  in  the  commodore's  line 
age  was  blended  the  blood  of  the  Friends  and  the  Huguenots,  who 
were  alike  voluntary  exiles  from  the  land  of  their  nativity  for  con 
science'  sake — fugitives  from  the  tyranny  and  oppression  of  the  old 
country — pioneers  of  religion  and  liberty  in  the  forest  wilds  of  Ame 
rica.  Richard  Stockton  attained  the  highest  eminence  as  a  lawyer 
in  New  Jersey.  He  was  a  Judge  of  the  Supreme  Court  before  the 
Revolution,  and  a  member  of  the  King's  Council  for  New  Jersey. 
He  was  one  of  the  principal  benefactors  of  the  College  of  New 
Jersey;  and  it  was  through  his  instrumentality,  while  on  a  visit  to 
England  and  Scotland,  that  Dr.  Witherspoon  was  induced  to  accept 
the  presidency  of  that  institution,  and  emigrate  to  New  Jersey. 
The  commanding  talents  and  virtues  of  Mr.  Stockton  gave  hirn  great 
influence  in  the  colony,  and  were  exerted  from  the  first  in  stern 
resistance  to  the  tyranny  of  the  mother  country.  He  and  all  his 
family  friends  zealously  united  in  defence  of  American  liberty. 
Among  these  were  Elias  Boudinot,  his  brother-in-law,  and  the  cele 
brated  Dr.  Benjamin  Rush,  of  Philadelphia,  his  son-in-law.  Mr. 
Stockton  was  elected  to  Congress  in  1776,  and  had  the  honour, 
together  with  his  son-in-law,  Dr.  Rush,  of  subscribing  the  immortal 
Declaration  of  Independence  of  the  4th  of  July  of  that  year.  His 
life  was  shortened  by  the  cruel  treatment  he  received  from  the 
British  in  1781,  by  whom  he  was  captured  and  thrown  into  prison. 
From  the  hardships  and  sufferings  to  which  he  was  then  subjected 
he  never  recovered,  but  in  a  few  months  prematurely  ended  his 
brilliant  career,  universally  lamented.  Had  he  survived  the  Revo 
lutionary  War,  his  great  abilities,  purity  of  character,  and  patriotic 
services,  would  have  given  him  a  high  position  in  the  new  republic. 
He  was  a  devoted  friend  of  Washington,  and  enjoyed  his  confidence 
•n  a  high  degree.* 

The  father  of  the  commodore  was  Richard  Stockton,  the  eldest 
son  of  the  signer  of  the  Declaration  of  Independence.  At  twenty- 
five  years  of  age  he  stood  at  the  head  of  the  New  Jersey  Bar,  and 
maintained  that  position  for  forty  years,  and  until  his  death  in  1828. 
He  ranked  among  the  foremost  lawyers  of  the  United  States.  For 
profound  learning,  sound  judgment,  weight-  of  character,  and  un 
blemished  integrity,  his  memory  will  long  be  cherished  in  New 
Jersey.  Despising  the  arts  of  the  politician  and  the  demagogue, 
he  stood  aloof  from  all  personal  strifes  for  office  or  popular  favour, 

*  Fields's  Provincial  Courts. 


HIS    SCHOOL-BOY   DAYS.  11 

preferring  the  independence  of  the  private  citizen  to  any  official  post. 
In  politics,  he  was  a  Federalist  of  the  Washington  and  Hamilton 
school ;  but  no  one  more  freely  condemned  the  factious  and  ultra 
designs  of  the  Eastern  or  Hartford  Convention  Federalists  than  he. 
He  was  elected  to  the  Senate  of  the  United  States  during  the  admi 
nistration  of  Washington,  and,  after  a  short  period  of  service  there, 
retired  altogether  from  public  life,  which  he  re-entered  again  only 
to  serve  a  single  term  in  the  House  of  Representatives  of  Congress 
during  the  war  of  1812.  It  was  as  a  great  common-law  lawyer, 
however,  that  he  was  chiefly  distinguished :  as  such,  his  reputation 
was  co-extensive  with  the  country,  and  his  opinion  constantly  sought 
and  consulted  by  eminent  counsel  from  other  states. 

Such  were  the  immediate  ancestors  of  Robert  F.  Stockton.  Those 
who  are  best  acquainted  with  him,  and  who  have  most  frequently 
witnessed  his  grasp  of  mind  when  brought  in  conflict  with  subjects 
of  importance,  say  that  he  much  resembles  his  father  in  the  vigour 
of  his  intellectual  faculties,  and  in  that  strong  practical  common 
sense  for  which  he  was  so  remarkable.  His  boyhood  furnished 
strong  indications  of  the  character  by  which  he  has  since  been  dis 
tinguished.  All  its  principal  features  were  displayed  in  his  early 
youth.  Personal  courage,  a  high  sense  of  honour,  an  intolerable 
hatred  of  injustice,  united  with  unbounded  generosity  and  devoted 
attachment  to  his  friends,  were  traits  of  disposition  which  marked 
him  as  an  original  and  decided  character  while  at  school.  Mag 
nanimous  and  chivalric,  he  was  always  the  champion  of  the  weaker 
party,  and  the  foe  of  every  species  of  school-boy  tyranny.  Respect 
ful  and  courteous  to  all,  his  high  sense  of  honour  was  prompt  to  repel 
and  punish  insult  or  aggression.  The  legends  of  his  youthful  prowess 
and  victorious  encounters  while  a  school-boy  constitute  a  part  of  the 
traditions  of  the  Princeton  schools,  and  are  still  often  recited  for 
the  entertainment  of  his  juvenile  successors.  Intrepidity,  an  intui 
tive  perception  of  right  and  wrong  in  every  difficulty,  however  unex 
pected — decision  of  character,  and  a  cool  and  wary  self-possession, 
by  which  he  was  always  master  of  his  own  resources — characterized 
the  boy  as  they  now  characterize  the  man.  These  qualities  bore 
him  triumphantly  through  all  the  conflicts  and  difficulties  of  boyhood, 
with  a  reputation  increased  by  every  test  to  which  he  was  subjected. 

He  entered  college  in  the  freshman  class  when  in  his  thirteenth 
year,  and  was  soon  distinguished  for  his  industry  and  proficiency. 
He  stood  among  the  first  in  his  class,  exhibiting  much  aptitude  both 
for  the  languages  and  the  mathematics.  In  elocution  he  particularly 
excelled ;  and  had  he  remained  at  college  until  he  graduated,  would 


12  A    SELF-MADE    MAN. 

probably  have  received  the  highest  honours  of  his  class.  In  a  year 
and  a  half  he  would  have  completed  his  whole  collegiate  course, 
when  the  impending  war  with  Great  Britain  excited  his  patriotic 
sensibilities  and  inspired  him  with  the  desire  to  seek  glory  in  the 
path  of  danger.  The  fame  of  Nelson  was  then  in  its  zenith,  and 
Stockton's  young  heart  was  fired  with  the  hope  of  emulating  the 
exploits  of  the  great  British  Captain.  Though  fond  of  literary  pur 
suits,  and  with  talents  which  would  have  enabled  him  to  take  a  high 
rank  at  the  bar,  yet  such  was  the  ardour  of  his  patriotism  that  he 
relinquished  all  the  advantages  which  he  enjoyed  for  the  acquisition 
of  a  finished  education,  and  earnestly  sought  a  position  in  the  navy. 
His  application  for  a  midshipman's  warrant  was  forwarded  to 
Washington  in  the  summer  of  1811,  and  in  due  time  he  received 
his  commission,  bearing  date  September,  1811. 

Considering  the  immature  age  at  which  he  ceased  his  academic 
studies,  and  the  fertility  and  resources  of  his  mind,  as  exhibited  so 
soon  as  it  was  directed  to  civil  and  political  affairs,  it  must  be  seen  that 
Mr.  Stockton  should  be  classed  with  those  who  are  called  self-made 
men.  Aided  by  the  little  elementary  training  which  he  enjoyed,  his 
mind  directed  itself  in  its  development.  Guided  by  the  instincts  of 
good  sense  and  a  sound  judgment,  he  pursued,  at  all  intervals  of 
leisure  from  active  duty,  such  a  course  of  reading  and  such  studies 
as  were  calculated  to  be  of  the  greatest  practical  utility.  Moral  and 
ethical  philosophy,  the  law  of  nations,  and  history,  constituted  the 
principal  subjects  of  his  attention.  The  Bible,  Cicero,  Shakspeare, 
and  Lord  Bacon  were  his  favourite  studies.  Whatever  subjects  he 
investigated,  he  did  so  thoroughly.  Not  so  much  the  details  as  the 
principles  of  knowledge  engaged  his  attention.  An  eminent  pro 
fessor  of  Princeton  College*  a  few  years  ago  remarked  to  us,  that 
Mr.  Stockton,  in  some  respects,  was  the  most  extraordinary  and  best 
informed  man  he  had  ever  met;  that  there  was  no  subject  which 
could  be  started  for  discussion  in  his  presence,  whether  of  law,  reli 
gion,  morals,  science  or  philosophy,  on  wphich  he  would  not  throw 
light  by  whatever  he  said,  and  hold  a  successful  controversy  with 
any  one  who  had  made  the  particular  subject  in  dispute  the  chief 
object  of  his  study. 

There  can  be  no  doubt  that,  as  soon  as  he  entered  the  navy, 
Mr.  Stockton  formed  for  himself  a  very  high  standard  of  excellence, 
the  attainment  of  which  he  persisted  in  reaching,  without  being 
diverted  from  his  object  by  any  obstacle  or  exigency.  He  saw  and 

*  Professor  Albert  B.  Dod. 


HABITS   OF   TEMPERANCE.  13 

appreciated  the  defects  as  well  as  the  merits  of  his  superiors  in  com 
mand,  and  soon  learned  that  the  cultivation  and  training  of  the 
intellectual  faculties  were  the  only  proper  means  of  insuring  invari 
able  success.  His  energy  and  force  of  character  enabled  him,  not 
withstanding  a  keen  relish  for  pleasure  and  those  amusements  which 
so  often  entirely  engross  the  time  of  the  young  officer,  to  persevere 
in  the  line  of  conduct  which  he  ha,d  prescribed  for  himself.  His 
love  of  pleasure  or  society  never  tempted  him  to  neglect  his  duty, 
nor  to  trespass  upon  the  rules  of  sobriety.  To  his  habitual  temper 
ance,  notwithstanding  the  seductions  of  naval  life,  he  is  indebted 
for  a  sound  constitution  and  an  adolescence  of  spirit  and  physique 
characteristic  of  a  man  of  thirty-five  or  forty  years  of  age.  Though 
now  approaching  his  grand  climacteric,  his  capacity  for  enduring 
fatigue  and  labour,  whether  of  mind  or  body,  was  perhaps  never 
greater  at  any  period  of  his  life  than  at  present. 


14  STOCKTON'S  FIRST  NAVAL  EXPERIENCES. 


CHAPTER  II. 

ME.  STOCKTON  ORDERED  TO  THE  FRIGATE  PRESIDENT — PRESIDENT  SAILS  ON  A  CRUISE — 

AFFAIR  WITH    BELVIDERA — STOCKTON    APPOINTED  AID    TO    COMMODORE    RODGERS 

HIS     STANDING    AS    AN     OFFICER — CRUISE    OF    THE    PRESIDENT — OFFERS    BATTLE    TO 

A    BRITISH     SEVENTY-FOUR — RELIEF    OF    ALEXANDRIA — DEFENCE    OF    BALTIMORE 

RECOMMENDATIONS    OF    MR.   STOCKTON    TO    THE    NAVY   DEPARTMENT    BY    RODGERS 

PROMOTED    TO  A  LIEUTENANCY — SAILS    FOR    THE    MEDITERRANEAN POPULARITY  OF 

THE   NAVY — ARTICLE    FROM   THE    LONDON   TIMES. 

SOON  after  receiving  his  commission,  Mr.  Stockton  was  ordered 
to  join  the  frigate  President,  in  command  of  Commodore  Rodgers. 
He  left  his  paternal  residence  at  Princeton,  February  14th,  1812, 
and  repaired  to  his  ship,  then  lying  at  Newport,  Rhode  Island.  The 
President  soon  afterwards  sailed  on  a  cruise  along  the  coast,  where 
a  number  of  British  frigates  were  arrogantly  hovering.  She  re 
mained  at  sea  during  the  spring,  giving  protection  to  our  commerce, 
and  returned  to  New  York  about  the  1st  of  June. 

On  the  21st  of  June,  three  days  after  the  declaration  of  war  with 
Great  Britain,  Commodore  Rodgers  sailed  from  New  York  in  com 
mand  of  a  squadron  consisting  of  the  frigates  President  and  Con 
gress,  the  ship-of-war  Hornet,  and  the  brig  Argus.  On  the  second 
day  after  getting  to  sea,  the  President  fell  in  with  the  British  frigate 
Belvidera,  Captain  Byron.  The  President,  by  superiority  of  sail 
ing,  got  within  gunshot  of  the  Belvidera  between  four  and  five 
o'clock,  p.  M.,  when,  finding  the  breeze  moderating,  Commodore 
Rodgers  commenced  firing  with  his  bow-chase  guns,  with  the  design 
of  crippling  the  enemy,  and  by  this  means  retarding  her  and  bring 
ing  on  an  action.  His  very  first  shots  killed  several  seamen  on  the 
Belvidera  and  wounded  the  captain.  The  enemy  kept  up  a  brisk 
discharge  with  her  stern  guns,  and  resorted  to  all  the  usual  means 
of  increasing  her  speed  for  the  purpose  of  escape,  by  throwing  over 
board  anchors,  yawl  and  jolly  boats,  and  starting  water-casks  ;  and 
by  this  means  her  flight  was  accelerated,  and  she  gained  on  her 
opponent.  The  President  then  bore  up  and  fired  her  broadsides, 
but,  owing  to  the  distance,  without  much  effect,  except  on  the  sails 
and  rigging  of  the  Belvidera.  The  running  action  between  the  two 
frigates  continued  for  three  or  four  hours  after  night;  and  during 
the  darkness  the  Belvidera  succeeded  in  eluding  her  adversary. 


HIS    STANDING    AS    AN    OFFICER.  15 

Three  men  on  the  President  were  killed  by  the  shot  of  the  Belvidere, 
and  four  by  the  bursting  of  a  gun,  and  nineteen  were  wounded, 
principally  by  the  accident.  The  enemy's  loss,  according  to  his 
own  account,  was  two  killed  and  four  or  five  wounded,  though  it  is 
believed  that  his  loss  was  much  greater.  Thus,  young  Stockton  had 
hardly  breathed  the  salt-water  air  before  he  heard  the  whistle  of  the 
enemy's  cannon-shot.  During  the  action,  his  coolness  and  his  fine 
military  deportment  attracted  the  particular  attention  of  the  Com 
modore.  The  sagacious  old  sea-captain  saw  in  the  manly  bearing 
of  his  young  midshipman  the  true  sort  of  stuff, — the  enthusiasm 
which  kindled  with  the  roar  of  guns  and  the  undaunted  self-pos 
session  which  the  tumult  of  battle  only  concentrated. 

One  of  the  duties  of  the  youngest  aid  (when  the  men  were  called  to 
quarters  or  to  man  the  batteries)  was  to  bring  the  Commodore's  belt 
and  pistols.  In  performing  this  duty  soon  after  his  appointment,  the 
young  aid,  on  one  occasion,  was  not  so  expert  and  ready  as  the  Com 
modore  desired.  On  reproving  him  slightly  for  his  deficiency,  Stock 
ton  said  he  had  "never  before  been  accustomed  to  perform  such 
services  for  a  gentleman."  The  Commodore,  pleased  with  the  frank 
ness  of  his  manner,  laughed  heartily  and  let  it  pass.  Rodgers 
entertained  the  most  favourable  opinion  of  Stockton's  good  quali 
ties,  and  considered  him  an  officer  of  the  highest  promise. 

His  promptness  to  perform  every  duty,  his  alacrity  to  anticipate 
its  requisitions,  his  fine  spirits  and  joyous  temper,  his  courteous  and 
respectful  but  manly  deportment,  and  his  daring  courage,  made  him 
the  general  favourite  of  the  ship's  crew,  from  the  old  Commodore  to 
the  common  sailor.  The  enjoyment  which  he  seemed  to  derive 
from  the  perils  of  battle,  as  well  as  the  ardent  hopes  he  evidently 
cherished  of  soon  again  participating  in  its  excitement,  won  for  him 
the  significant  sobriquet  of  "Fighting  Bob  ;"  an  appellation  by  which 
he  is  yet  remembered  by  many  an  old  salt. 

The  President  and  Congress  continued  their  cruise  for  eighty  or 
ninety  days,  capturing  many  British  vessels,  passing  over  a  space 
of  not  less  than  eight  thousand  miles,  and  hunting  for  an  enemy 
wherever  he  was  most  likely  to  be  found.  In  relation  to  this  cruise, 
the  editor  of  Niles's  Register  (vol.  iii.  p.  300)  says : — "  For  such 
a  cruise  as  this,  were  Rodgers  and  Smith"  (captain  of  the  Con 
gress)  "  Frenchmen,  Bonaparte  would  have  made  them  members  of 
the  Legion  of  Honour." 

After  refitting  with  the  utmost  despatch,  during  a  short  stay  in 
port,  Commodore  Rodgers  again  put  to  sea  in  search  of  a  foe.  He 
ran  down  near  the  outer  line  of  the  Gulf  Stream,  with  the  intention 


16  CRUISE    OF   THE    PRESIDENT. 

of  intercepting  the  convoy  of  the  "West  Indian  fleet,  then  supposed 
to  be  on  its  way  to  England.  Failing  to  come  up  with  them,  he 
crossed  over  to  the  Banks  of  Newfoundland.  Thence  he  shaped  his 
course  for  the  North  Sea,  cruising  in  the  vicinity  of  the  Shetland 
Isles  and  Orkneys,  and  almost  within  the  "chops  of  the  British 
Channel."  It  was  reported  in  the  English  papers  that  he  had 
landed  for  water  and  provision  in  Scotland;  and  the  frightened 
islanders  began  to  fear  that  another  Paul  Jones  would  pounce  on 
their  coast  and  burn  their  towns. 

The  dismay  and  consternation  with  which  this  bold  captain  struck 
the  British  Isles  may  be  seen  by  perusing  the  contemporary  news 
paper  chronicles. 

Niles's  Register  of  October  9,  1813,  says: — "The  British  papers 
call  Commodore  Rodgers  the  Julius  Caesar  of  America ;  and,  on  its 
being  reported  that  he  was  captured  by  a  seventy-four,  say  (and  we 
believe  truly)  that  few  events  would  give  more  satisfaction  than  a 
visit  from  the  Commodore." 

The  Register  quotes  also  the  following  from  the  London  Courier 
of  July  20,  1813,  to  show  what  efforts  to  capture  Rodgers  were  made 
by  the  enemy: — "Several  small  squadrons  have  been  detached  in 
search  of  Commodore  Rodgers.  Lord  A.  Beauclerk  sailed  from  St. 
Helens,  on  Thursday,  with  the  Royal  Oak  and  Sea  Horse;  the  Hon. 
Captain  Paget  is  gone  from  Plymouth  with  the  Superb,  Menelaus, 
and  Fly ;  and  Admiral  Young  has  detached  several  frigates  to  go 
north  about." 

It  will  be  observed  that,  although  it  was  known,  from  the  nume 
rous  captures  made  by  the  President,  that  she  was  cruising  in  the 
neighbourhood  alone,  the  British  frigates  detached  in  pursuit  of  her 
sailed  in  companies  of  two  or  more,  and  appeared  by  no  means  will 
ing  to  encounter  Rodgers,  unless  with  a  force  decidedly  superior. 

Though  diligently  scouring  the  seas  for  five  months,  and  frequently 
sailing  in  sight  of  the  shores  of  Great  Britain  and  Ireland,  the  Pre 
sident  could  not  succeed  in  bringing  any  British  frigate  to  action. 
Wherever  such  a  vessel  was  seen,  she  was  always  found  under  the 
protection  of  a  seventy-four.* 

The  President,  on  the  5th  of  December,  after  a  few  weeks'  visit 
in  port,  again  spread  her  sails  on  a  winter's  cruise  to  the  West 
Indies.  She  was  again  unable  to  meet  an  adversary  willing  to 
engage  her.  Impatient  and  chafing  with  his  ill  luck,  the  Commo 
dore,  as  he  was  entering  tho  harbour  of  New  York,  came  across  the 

*  Commodore  Rodgers's  letter  to  Secretary  of  Navy,  September  27,  1813. 


OFFERS  BATTLE  TO  A  BRITISH  SEVENTY-FOUR.        17 

British  seventy-four-gun  ship  Plantagenet,  and  offered  her  battle  for 
five  consecutive  hours,  often  approaching  so  near  that  an  engagement 
seemed  inevitable.* 

During  the  exciting  preparations  for  the  expected  action,  Mr. 
Stockton  was  stationed  in  the  maintop,  in  command  of  twenty  men, 
with  rifles  and  two  howitzers ;  and  at  a  period  when  the  guns  were 
ordered  to  be  manned,  and  the  Commodore  supposed  the  engagement 
was  about  to  commence,  he  hailed  the  maintop,  saying,  «  Mr.  Stock 
ton,  I  expect  a  great  deal  from  your  maintop  to-day."  Stockton 
replied,  "Only  get  near  enough,  Commodore,  and  we  will  give  a 
good  account  of  ourselves." 

The  excuse  subsequently  made  by  the  British  Commodore  for 
declining  to  fight  an  American  frigate  was,  that  his  crew  had 
shown  symptoms  of  mutiny.  This  excuse  must  be  considered  alto 
gether  unsatisfactory,  when  it  is  known  that  a  British  frigate  was 
within  sight,  though  not  observed,  at  first,  from  the  President.  As 
soon  as  this  additional  enemy  was  discovered,  Commodore  Rodgers, 
having  taken  a  pilot,  thought  it  his  duty  to  enter  the  harbour  of 
New  York.f 

Notwithstanding  Commodore  Rodgers  was  not  so  fortunate  as  to 
enjoy  a  fair  encounter  with  a  British  frigate,  no  naval  commander 
stood  higher  in  the  esteem  and  confidence  of  his  countrymen.  The 


*  Niles's  Kegister,  March  12,  1814;  August  13,  1814. 

f  "  The  Saucy  President."  Extract  of  a  letter  dated  February  22,  inside  the  light, 
Sandy  Hook,  from  an  officer  of  the  frigate  President  to  bis  friend  in  Providence. 

"Situations  in  which  we  have  been  placed,  this  cruise,  will,  I  think,  add  lustre  to 
the  well-established  character  of  Commodore  Rodgers. 

"After  passing  the  light,  saw  several  sail,— one  large  sail  to  the  windward. 
Backed  our  maintopsail  and  cleared  for  action.  The  strange  sail  came  down  within 
gunshot ;  hauled  her  wind  on  the  larboard  tack.  We  continued  with  our  maintop- 
sail  to  the  mast  three  hours ;  and,  seeing  no  probability  of  the  seventy-four-gun  ship's 
bearing  down  to  engage  the  President,  gave  her  a  shot  to  windward  and  hoisted  our 
colours,  when  she  bore  up  for  us  reluctantly.  When  within  half-gunshot,  backed  his 
maintopsail.  At  this  moment  all  hands  were  called  to  muster  aft,  and  the  Commo 
dore  said  a  few  but  impressive  words,  though  it  was  unnecessary ;  for  what  other  sti 
mulant  could  true  Americans  want  than  fighting  gloriously  in  sight  of  their  native 
shore,  where  hundreds  were  assembled  to  witness  the  engagement  ?  Wore  ship  to 
engage,  but.  at  this  moment,  the  cutter  being  discovered  off,  backed  again  to  take  in 
the  pilot:  and,  the  British  seventy-four  (strange  as  it  may  appear)  making  sail  to  the 
southward  and  eastward,  orders  were  given  to  haul  aboard  the  fore  and  main  tacks, 
to  run  in,  there  being  then  in  sight  from  our  deck  a  frigate  and  a  gun-brig. 

"  The  commander  of  the  seventy-four  had  it  in  his  power,  for  five  hours,  to  bring 
us  at  any  moment  to  an  engagement, — our  maintopsail  to  the  mast  during  that  time." 
—Niles's  Register,  March  12,  1814. 

2 


18  RELIEF    OF   ALEXANDRIA. 

terror  with  which  he  inspired  the  enemy  proved  his  renown  as  a 
brave  and  skilful  captain.  Had  the  British  commanders  been  as 
desirous  as  he  was  of  a  meeting  on  equal  terms,  he  would  doubtless 
have  given  them  a  reception  worthy  of  his  fame. 

To  have  won  the  esteem  and  affection  of  such  a  commander  is 
evidence  of  good  conduct  and  youthful  promise  in  Stockton. 

Commodore  Rodgers  was  soon  afterwards  ordered  to  the  new 
frigate  Guerriere  constructed  at  Philadelphia  and  nearly  ready  to 
proceed  to  sea. 

The  war-cloud,  however,  which  had  so  often  threatened,  now  burst 
with  fury  upon  our  coasts.  Immense  fleets  with  Wellington's 
invincibles,  released  by  the  fall  of  Napoleon  Bonaparte  from 
European  campaigns,  hovered  along  the  Atlantic  shores,  blockading 
our  ports,  and  prepared  to  attack  the  most  defenceless.  Washing 
ton  had  been  taken,  the  public  buildings  burned,  and  Alexandria 
and  Baltimore  were  both  in  danger.  Alarm  and  apprehension 
pervaded  the  entire  seaboard.  Commodore  Rodgers  and  his  crew 
were  summoned  to  the  defence  of  Baltimore,  and  thither  they  re 
paired  with  the  utmost  promptitude.  After  his  arrival  at  Balti 
more,  no  immediate  attack  being  apprehended,  the  Commodore 
went  to  Washington  to  advise  with  the  Secretary,  Mr.  Jones, 
and  took  his  young  aid  Stockton  along  with  him.  Being  thrown 
for  several  dajs  much  in  the  company  of  the  Secretary,  Stockton 
became  so  much  of  a  favourite  with  him  that  he  insisted  on  retain 
ing  him  as  his  aid.  While  acting  in  this  capacity,  he  was  on  one 
occasion  summoned  from  his  bed  at  Crawford's  Hotel  in  George 
town  at  midnight,  in  consequence  of  a  brisk  cannonade  in  the  direc 
tion  of  Alexandria.  When  coming  into  the  presence  of  the  Secre 
tary  and  a  number  of  officers,  wko  were  astonished  at  what  they 
heard  and  at  a  loss  to  assign  a  cause  for  it,  Stockton  at  once 
remarked,  « We  make  no  discoveries  by  remaining  here ;  give  me  a 
horse  and  I  will  soon  let  you  know  what  is,  going  on  down  below." 
A  horse  was  furnished  him,  and  he  rode  that  night  into  Alexandria, 
which  was  in  possession  of  the  enemy. 

Returning  from  Alexandria,  he  asked  to  be  relieved  from  his 
attendance  as  aid  to  the  Secretary,  and  resumed  his  post  with  Com 
modore  Rodgers,  where  he  expected  more  active  service. 

Commodore  Rodgers  was  immediately  despatched  to  Alexandria, 
in  the  vicinity  of  which  several  British  frigates  were  anchored, 
and  from  which  they  had  already  exacted  large  contributions. 
Immediately  on  his  arrival  there  he  fitted  out  a  flotilla  of  small 
vessels,  some  of  which  were  prepared  as  fire-ships,  for  the  pur- 


DEFENCE    OF    BALTIMORE.  19 

pose  of  being  floated  down  in  contact  with  the  enemy's  ships. 
Barges  were  manned  likewise,  with  the  design  of  boarding  and 
capturing  in  a  hand-to-hand  fight  the  British  frigate.  The  gallant 
manner  in  which  Rodgers  and  his  crew  defended  Alexandria,  and 
protected  her  from  experiencing  the  fate  of  Hampton  and  Havre 
de  Grace,  may  be  seen  in  detail  in  his  correspondence  with  the 
Navy  Department,  September  9,  1814.*  We  insert  the  following 
extracts,  to  show  the  conspicuous  part  which  young  Stockton  bore 
in  this  expedition : — 

"  Having  reconnoitred  the  enemy,  getting  my  cutters  hauled  up, 
placing  the  lighter  in  an  advantageous  position  and  my  musket- 
men  on  the  top  of  the  cliff  overlooking  the  river,  I  was  at  1  P.  M. 
attacked  by  all  the  enemy's  barges ;  but,  by  the  cool  intrepidity 
of  Lieutenant  Newcomb,  having  charge  of  the  lighter,  assisted  by 
Lieutenant  Gaunt,  S.  Master  Ramage,  and  Master's  Mate  Stockton, 
and  forty-five  seamen,  the  enemy  were  not  only  repulsed,  but  in  less 
than  twenty  minutes  thrown  into  the  utmost  confusion  and  driven 
back  to  their  ships." 

In  another  part  of  the  same  letter,  Commodore  Rodgers  says: — 

"Permit  me  at  the  same  time  to  recommend  to  your  attention 
Mr.  Stockton,  master's  mate,  who  not  only  rendered  me  essential 
service  as  acting  aid-de-camp,  but  in  every  other  situation  mani 
fested  a  zeal  and  intrepidity  not  to  be  shaken." 

Baltimore  was  now  threatened  by  the  force  under  General  Ross, 
flushed  with  his  successful  and  Gothic  foray  on  Washington.  The 
most  serious  apprehensions  of  the  expected  attack  were  generally 
entertained.  Rodgers  was  directed  to  co-operate  with  the  militia 
hastily  collected  for  the  defence  of  that  city.  The  authorities  in 
command  received  the  Commodore  and  his  crew  with  the  greatest 
cordiality,  and  posts  of  danger  and  honour  were  generously  assigned 
them. 

The  important  part  performed  by  the  officers  and  men  of 
Commodore  Rodgers,  in  repelling  the  combined  attack  of  the  British 
land  and  naval  force  on  Baltimore,  is  recorded  in  contemporary 
documents. f  In  the  report  of  the  Assistant  Adjutant-General  to 
Major-General  Smith,  he  says: — 

"It  is  with  peculiar  satisfaction  the  commanding  general  seizes 
the  opportunity  of  acknowledging  the  very  great  assistance  he  has 
received  from  the  counsel  and  active  exertions  of  Commodore 
Rodgers.  His  exertions  and  those  of  his  brave  officers  and  seamen 

*  Niles's  Register,  vol.  xvii.  p.  36. 

f  Niles's  Register,  September  24,  1814,  vol.  vii. 


20  DEFENCE    OF    BALTIMORE. 

have  contributed  in  a  very  eminent  degree  to  the  safety  of  the  city, 
and  should  be  remembered  with  lively  emotions  of  gratitude  by 
every  citizen." 

In  Commodore  Kodgers's  despatch  to  the  Naval  Department  of  the 
23d  September,  1814,  (Niles's  Reg.,  vol.  vii.,)  he  sets  forth  in  detail 
the  services  of  his  officers  and  men  on  that  occasion.  In  this  letter 
he  says,  "Much  praise  is  also  due  to  Major  Randal,  commanding 
a  battalion  of  Pennsylvania  riflemen,  who  was  also  placed  under  my 
command,  and  whom  I  despatched,  with  my  aid,  Mr.  Stockton  to  dis 
lodge  a  party  of  men  in  the  enemy's  boats  which  it  was  supposed 
intended  landing  near  the  Lazaretto  to  take  possession  of  our  little 
three-gun  battery.  Mr.  Stockton,  on  his  return,  reported  to  me  in 
very  high  terms  the  zeal  and  gallantry  displayed  by  the  major  and 
his  corps  on  the  occasion." 

In  another  part  of  the  same  official  despatch,  Commodore  Rod- 
gers  says: — 

"To  Master's  Mate  Stockton,  my  aid,  I  am  greatly  indebted  for 
the  zeal  and  promptitude  with  which  he  conveyed  my  orders  from 
post  to  post,  and  wherever  I  had  occasion  to  communicate,  although 
in  some  instances  he  had  to  pass  through  showers  of  shells  and 
rockets." 

It  may  not  be  without  interest  to  give  some  of  the  details  respect 
ing  young  Stockton's  participation  in  the  defence  of  Baltimore, 
such  as  we  heard  them  when  the  particulars  were  current. 

Stockton,  with  three  hundred  men,  had  marched  down  below 
the  city  to  assist  in  repelling  the  attack  of  the  British  on  the 
Lazaretto.  After  the  enemy  had  failed  in  their  attempt,  he 
found  himself  on  a  narrow  neck  of  land,  with  no  boats  with  which 
to  cross  the  bay,  and  an  English  force  exceeding  his  own  in  num 
bers  so  posted  as  to  be  able  to  intercept  his  retreat.  He  made  a 
forced  march,  and,  before  the  enemy  could  take  advantage  of  the 
ground  to  cut  off  his  communication,  extricated  himself  from  that 
danger  and  took  a  position  between  the  British  and  American  force. 
He  then  rested,  and  sent  a  messenger  to  the  Commodore,  informing 
him  of  his  situation.  His  letter  was  returned  to  him  with  an 
endorsement  by  the  Commodore  to  this  purport: — "It  is  desirable 
that  the  enemy  should  be  induced  to  make  his  attack  before  night 
fall.  Meet  them,  and  bring  them  on  behind  you." 

As  soon  as  he  received  these  instructions,  he  stationed  about  two 
hundred  of  his  men  on  each  side  of  the  road  on  which  he  intended 
to  retreat,  with  directions  not  to  fire  a  shot  until  they  had  the 
enemy  between  them,  and,  taking  the  other  hundred,  proceeded 


DEFENCE    OF    BALTIMORE.  21 

to  reconnoitre  his  opponents.  On  approaching,  he  discovered  the 
British  encampment  flanked  by  a  thick  swamp.  As  he  was  pro 
ceeding  quietly  and  cautiously  in  advance  of  his  men,  he  was  unex 
pectedly  fired  upon  from  one  of  the  enemy's  outposts.  Looking  in 
the  direction  of  the  shot,  he  saw  a  British  soldier  reloading  his 
musket  for  another  trial.  Stockton  gave  htm  a  chance  to  exchange 
shots,  and  when  they  had  both  fired  it  was  supposed  to  be  the  last 
shot  which  the  Englishman  ever  made.  This  drew  out  the  British, 
and  a  general  skirmish  took  place.  Stockton,  retreating  on  his 
ambush,  was  followed  by  the  enemy  until  they  came  within  sight  of 
the  sailors,  who,  having  heard  the  frequent  reports  of  their  com 
rades'  rifles,  could  not  repress  their  excitement.  Shouting  and  hur 
raing  «  Stockton  has  got  them — he'll  bring  them  along  !"  disclosed 
themselves,  when  the  enemy,  suspecting  a  stratagem,  prudently 
checked  their  advance  and  concluded  to  return.  Stockton  remained 
watching  their  movements  till  after  night,  and  until  he  became  satis 
fied  that  they  meditated  a  retreat  to  their  ships.  As  soon  as  he 
had  formed  this  opinion,  he  sought  the  Commodore  and  told  him 
that  he  believed  the  enemy  intended  to  retreat  that  night,  and  re 
quested  to  have  the  command  of  the  sailors  and  marines,  and  "he 
would  board  them  in  their  camp."  The  Commodore  was  much 
pleased  with  Stockton's  conduct,  and  took  him  to  the  head-quarters 
of  General  Smith,  the  commander-in-chief,  to  whom  he  repeated 
the  expression  of  the  opinion  that  the  enemy  would  go  to  their 
ships  that  night,  and  offered,  if  the  general  would  give  him  one 
thousand  men,  to  lead  a  night-attack  upon  the  retreating  foe.  But 
the  general  said  there  was  an  ancient  saying,  "  Make  a  bridge  for 
a  retreating  enemy,"  in  which  he  thought  there  was  much  wisdom; 
and  that  if  the  enemy  were  disposed  to  retreat,  he  would  not  inter 
pose  any  obstacle  to  such  a  movement. 

Cooper,  in  his  naval  history,  says  of  Stockton  in  his  California 
campaigns  that  he  seemed  to  be  everywhere.  The  same  ubiquity 
seems  to  have  characterized  his  service  on  the  waters  of  the  Chesa 
peake  during  the  war  of  1812,  although  acting  in  a  subordinate 
capacity.  On  his  first  arrival  at  Baltimore,  his  first  service  was  at 
night,  lying  down  on  the  wharf  watching  the  enemy's  motions. 
Then  he  went  with  Commodore  Rodgers  to  Washington,  who  was 
summoned  there  for  consultation  with  the  Secretary  of  the  Navy. 
There,  for  a  few  days,  we  find  Stockton  acting  as  aid  to  the  secre 
tary;  then  riding  at  night  to  Alexandria,  and  returning  to  give 
the  government  intelligence  of  the  enemy's  attack  on  that  city. 
Next  we  hear  of  him  engaging  the  enemy  and  aiding  to  repulse 


22  MORAL   EFFECT   OF   THE   WAR. 

them  on  the  banks  of  the  Potomac ;  then  we  find  him  soon  after  at 
Baltimore,  towing  vessels  and  sinking  them  in  the  channel  near  the 
fort,  the  enemy  firing  shot  and  shell  over  his  head  all  the  time.  We 
next  learn  that  he  is  in  Fort  McHenry,  consulting  with  Colonel 
Armstead ;  then  he  is  found  down  on  the  marine  battery,  aiding  in 
driving  the  British  ships  from  their  mooring.  He  then  is  seen  as 
an  express  rider  conveying  information  from  the  fort  to  the  general 
over  ground  literally  ploughed  by  the  enemy's  shells.  For  three 
days  and  three  nights,  including  the  time  when  the  principal  attack 
on  Baltimore  was  made,  he  had  no  repose.  When  he  first  arrived  at 
Baltimore  he  wore  a  straw  hat,  blue  jacket,  and  linen  trousers.  When 
the  enemy  had  retired,  Commodore  Rodgers  ordered  him  to  the  city 
for  food,  rest,  and  refreshment ;  some  one  loaned  him  a  hat,  Com 
modore  Perry  furnished  him  an  overcoat,  and  from  another  he  ob 
tained  a  decent  garment  for  the  remainder  of  his  person. 

These  details,  imperfect  as  they  are,  nevertheless  show  the  ardour, 
spirit,  and  gallantry  of  young  Stockton  in  the  performance  of  his 
duty.  They  show,  too,  how  well  he  improved  every  opportunity 
which  offered  for  obtaining  distinction.  Though  one  of  the  youngest 
midshipmen  under  the  Commodore,  he  was  still  thought  worthy  of 
being  made  his  aid-de-camp.  In  this  responsible  position  his  good 
conduct  justified  the  discernment  which  induced  the  Commodore 
to  make  the  appointment,  and  drew  from  him  the  most  decided 
commendation.  He  soon  received  from  the  government  that  evi 
dence  of  its  consideration  always  the  most  grateful  to  the  young 
officer, — promotion.  On  the  9th  of  December,  1814,  Mr.  Stockton 
was  commissioned  as  a  lieutenant. 

The  war  terminated,  and  the  navy  having  covered  itself  with  laurels 
in  every  sea,  and  wherever  an  enemy  could  be  met,  without  a  single 
defeat  involving  the  slightest  diminution  of  its  glory,  the  most  favour 
able  disposition  was  manifested  towards  it  by  the  people  and  the  go 
vernment.  Whatever  may  be  thought  of  the  few  victories  achieved 
by  the  army  and  the  militia,  there  can  be  no  question  that  our  naval 
achievements  inflicted  the  most  poignant  wounds  upon  our  adver 
sary.  They  touched  the  chords  of  his  most  exquisite  sensibilities ; 
they  broke  the  charm  of  Old  England's  naval  invincibility;  they 
humbled  her  national  pride  and  destroyed  her  boasted  claim  to 
wield  the  Trident  of  the  seas. 

As  it  is  within  the  scope  of  this  narrative  to  vindicate  the  claims 
of  the  navy  to  some  of  the  most  brilliant  achievements  of  the  Mexi 
can  war,  it  may  be  excused  if  we  here  quote  from  the  enemy,  to 
show  what  were  the  effects  of  our  naval  exploits  in  the  war  of  1812. 


CONCESSION    OF    THE    LONDON   TIMES.  23 

In  the  London  Times  of  December  30,  1814,  immediately  after 
the  preliminary  articles  of  the  Treaty  of  Ghent  were  signed,  ap 
peared  an  article  of  doleful  tenor,  from  which  we  quote  :*  . 

« The  state  of  the  funds  may  be  said  to  afford  a  most  striking 
comment  on  the  text  of  those  who  have  the  front  to  call  the  Treaty 
of  Ghent  honourable  to  this  country.  The  peace  is  like  that  of 
Amiens, — a  peace  of  necessity ;  and  upon  what  grounds  ?  <-A  lean 
ing  to  certain  points,  it  seems,  has  been  'hinted'  at  the  Con 
gress  of  Vienna.  Russia  or  Austria  or  Prussia  has  avowed  an  in 
clination  to  support  the  innovations  on  public  law  which  Mr.  Madi 
son  asserts.  If  any  of  the  powers  who  have  received  our  subsidies, 
or  have  been  rescued  from  destruction  by  our  courage  or  example, 
have  had  the  baseness  to  turn  against  us,  it  is  morally  certain  that 
the  Treaty  of  Ghent  will  confirm  them  in  their  resolution.  They 
will  reflect  that  we  have  endeavoured  to  force  our  principles  on 
America,  and  have  failed;  nay,  that  we  have  retired  from  the 
combat  with  the  stripes  yet  bleeding  on  our  backs.  Even  yet,  how 
ever,  if  we  could  but  close  the  war  with  some  great  naval  triumph, 
the  reputation  of  our  maritime  greatness  might  be  partially  restored. 
But  to  say  that  it  has  not  hitherto  suffered  in  the  estimation  of  all 
Europe,  and,  what  is  worse,  of  America  herself,  is  to  belie  common 
sense  and  universal  experience.  <Two  or  three  of  our  ships  have 
struck  to  a  force  vastly  inferior  !'  No;  not  two  or  three,  but  many 
on  the  ocean,  and  whole  squadrons  on  the  lakes ;  and  the  numbers 
are  to  be  viewed  with  relation  to  the  comparative  magnitude  of  the 
two  navies. 

"Scarcely  is  there  an  American  ship  of  war  which  has  not  to 
boast  a  victory  over  the  British  flag.  Scarcely  one  British  ship  in 
thirty  or  forty  that  has  beaten  an  American.  With  the  bravest  sea 
men  and  the  most  powerful  navy  in  the  world,  we  retire  from  the 
contest  when  the  balance  of  defeat  is  so  heavy  against  us.  From 
that  fatal  moment  when  the  flag  of  the  Guerriere  was  struck,  there 
has  been  quite  a  rage  for  building  ships  of  war  in  the  United  States. 
Their  navy  has  been  nearly  doubled,  and  their  vessels  are  of  extra 
ordinary  magnitude.  The  people,  naturally  vain  and  boastful,  have 
been  filled  with  an  absolute  contempt  for  our  maritime  power  and 
furious  eagerness  to  beat  down  our  maritime  pretensions." 

These  passages  from  the  oracle  of  the  British  public  show  how 
humiliating  to  British  arrogance  were  our  naval  victories  during  the 
war  of  1812.  And  they  prove  also  how  deserved  was  that  popu- 

*  Niles's  Register,  February  18,  1815,  vol.  vii. 


24  GROWING  POPULARITY  OF  THE  NAVY. 

larity  of  our  naval  heroes,  which  was  universal  when  their  triumphs 
were  still  fresh  in  the  remembrance  of  men.  But  when  the  army 
began  to  furnish  Presidents,  the  glory  of  the  American  navy  in 
sensibly  faded  in  the  memories  of  a  new  generation. 

The  whole  policy  of  the  country  was,  however,  revolutionized  by 
the  success  of  the  navy  in  the  second  war  with  Great  Britain.  It 
was  looked  upon  as  the  primary  means  of  defence  with  any  mari 
time  power.  The  people,  with  general  unanimity,  demanded  that  it 
should  be  placed  upon  a  footing  of  greater  efficiency.  The  govern 
ment  promptly  responded  to  the  national  wishes,  by  making  liberal 
appropriations  for  the  gradual  increase  of  the  navy.  One  of  the 
first  results  of  this  change  of  policy  was  the  maintenance  of  a  re 
spectable  squadron  in  the  Mediterranean. 


WAR   WITH   ALGIERS.  25 


CHAPTER   III. 

STOCKTON    SAILS    WITH    COMMODORE   DECATUR    TO    CHASTISE    THE     ALGERINES AFFAIR 

WITH  ALGERINE  FRIGATE — CAPTURE  OF  ALGERINE  BRIG — RETURNS  TO  THE  UNITED 
STATES — APPLIES  FOR  SERVICE  IN  MEDITERRANEAN  SQUADRON — SAILS  WITH  COM 
MODORE  CHAUNCEY — TRANSFERRED  TO  SLOOP-OF-WAR  ERIE — AFFAIR  WITH  A  MID 
SHIPMAN — INSOLENCE  OF  BRITISH  OFFICERS — STOCKTON  RESENTS  IT — MEETING  AT 
NAPLES — DIFFICULTIES  AT  GIBRALTAR — NARROW  ESCAPE  OF  STOCKTON — RETURNS 
IN  CHARGE  OF  ARRESTED  CAPTAINS — ENCOUNTER  WITH  SPANISH  FRIGATE TREAT 
MENT  OF  HIS  PASSENGERS. 

SOON  after  the  restoration  of  peace  with  Great  Britain,  war  was 
declared  by  the  United  States  against  the  Dey  of  Algiers.  In  con 
formity  with  the  policy  which  governed  the  relations  of  the  chief 
maritime  nations  of  Europe  with  the  Barbary  powers,  the  United 
States  had  formed  treaties  with  them  providing  for  the  annual  pay 
ment  of  subsidies  in  consideration  of  their  forbearing  to  prey  on 
the  commerce  of  American  citizens.  No  sooner  had  war  between 
the  United  States  and  Great  Britain  commenced,  than  the  Dey  of 
Algiers,  well  knowing  that  our  national  ships  would  be  fully  em 
ployed  with  the  British,  violated  the  subsisting  treaty,  and  pro 
ceeded  to  capture  American  vessels  and  reduce  to  slavery  those 
American  captives  who  had  been  taken  prisoners.  The  United 
States  had  discovered  that  it  was  the  policy  of  the  larger  maritime 
states  of  Europe,  especially  of  England,  to  tolerate  the  Barbary 
powers,  for  the  purpose  of  checking  the  growth  of  the  commercial 
enterprise  of  the  smaller  European  states.  In  Lord  Sheffield's 
work  entitled  "  Observations  on  the  Commerce  of  the  American 
States,"  he  recommends  this  policy  without  disguise.  He  says, 
(p.  204,)  "It  is  not  probable,  the,  American  States  will  have  a  very 
free  trade  in  the  Mediterranean ;  it  will  not  be  the  interest  of  any 
of  the  great  maritime  powers  to  protect  them  from  the  Barbary 
States.  If  they  know  their  interests,  they  will  not  encourage  the 
Americans  to  be  carriers.  That  the  Barbary  States  are  advan 
tageous  to  the  maritime  powers  is  certain.  If  they  were  suppressed, 
the  little  States  of  Italy,  $c.  would  have  much  more  of  the  carrying 
trade."  "The  armed  neutrality  would  be  as  hurtful  to  the  great 
maritime  poivers  as  the  Barbary  States  are  useful.  The  Americans 


26  AFFAIR   WITH   AN   ALGERINE   FRIGATE. 

cannot  protect  themselves  from  the  latter;  they  cannot  pretend  to  a 
navy." 

This  language,  held  by  a  prominent  British  statesman,  did  not 
escape  the  attention  of  the  American  government.  The  ratification 
of  the  Treaty  of  Ghent  had  not  been  exchanged  when,  on  the  2d 
of  March,  1815,  Congress  declared  war  against  Algiers. 

On  the  18th  of  May  following,  Commodore  Decatur  sailed  for 
the  Mediterranean  with  a  squadron  composed  of  the  frigates  Guer- 
riere,  (the  flag-ship,)  Macedonian,  Constitution,  sloop-of-war  Ontario, 
brigs  Epervier,  Firefly,  Flambeau,  Spark,  and  schooners  Spitfire 
and  Torch. 

Mr.  Stockton  sailed  in  this  squadron  as  junior  lieutenant,  on  the 
Guerriere,  but  was  transferred  soon  after  to  the  Spitfire,  Com 
mander  Dallas,  in  which  vessel  he  acted  as  first  lieutenant.  The 
squadron  had  been  but  a  few  days  in  the  Mediterranean,  when  the 
Guerriere,  in  company  with  the  Spitfire,  fell  in  with  the  Algerine 
frigate  Mishouri,  of  forty-four  guns.  In  the  chase,  the  Spitfire, 
being  an  excellent  sailer,  kept  side-by-side  with  the  Guerriere  as 
she  approached  the  corsair ;  when,  to  avoid  getting  between  the 
Guerriere  and  the  enemy,  the  Spitfire  ran  close  up  under  the  stern 
of  the  Algerine.  While  the  Guerriere  was  ranging  up  broadside 
and  broadside,  at  the  moment  when  the  action  was  commencing, 
Lieutenant  Stockton  suggested  to  Captain  Dallas  that  they 
would  never,  perhaps,  have  so  good  an  opportunity  to  observe 
the  effect  of  a  frigate's  broadside,  and  asked  leave,  before  the 
Spitfire  took  part  in  the  action,  to  go  out  on  the  bowsprit  and 
watch  the  effect  of  the  Guerriere's  first  broadside.  He  immediately 
went  out  on  the  extremity  of  the  boAVSprit,  and,  after  the  second 
broadside  of  the  Guerriere,  returned,  and  said  to  Dallas,  "The 
Guerriere  is  shooting  very  wild ;  let  us  go  to  work  and  knock  in 
the  cabin- windows  of  the  pirate."  During  the  remainder  of  the 
action,  which  lasted  a  half  hour,  the  Spitfire,  with  her  long  thirty- 
two-pound  gun,  poured  in  a  raking  fire  until  the  enemy's  guns 
were  silenced,  and  her  men,  after  striking  their  flag,  ran  below. 
She  proved  to  be  the  flag-ship  of  the  Algerine  admiral,  who  was 
killed,  together  with  thirty  of  his  crew.  No  one  on  the  Spitfire 
was  injured,  and  the  only  damage  sustained  by  the  Guerriere  was 
four  men  wounded.  The  commodore  put  a  prize  crew  on  the 
Algerine  frigate,  and  sent  her  into  Carthagena. 

Two  days  afterwards,  the  American  squadron  fell  in  with  an 
Algerine  brig  of  twenty-two  guns  and  two  hundred  men,  which,  in 
the  chase,  ran  ashore  on  the  coast  of  Spain,  in  such  shallow  water 


SAILS    FOR    THE    MEDITERRANEAN.  27 

that  none  but  the  smaller  vessels  of  the  squadron  could  approach 
her.  The  Spitfire  was  among  the  first  to  commence  the  action ; 
but,  while  it  was  raging,  some  of  the  other  smaller  vessels  got  in 
between  the  Spitfire  and  the  enemy.  Immediately  on  perceiving 
this,  Lieutenant  Stockton  asked  permission  of  Captain  Dallas 
to  take  the  boats  and  go  in  and  board  the  pirate,  as  the  only 
chance  of  having  an  equal  share  in  the  victory.  Leave  being 
granted,  Stockton  put  off  for  the  stranded  vessel.  As  soon  as  this 
movement  was  perceived,  boats  were  manned  from  the  other  vessels 
and  followed  the  crew  of  the  Spitfire.  Stockton  kept  ahead,  and 
first  led  his  men  on  the  enemy's  deck,  through  the  port-holes. 
They  found  the  deck  of  the  Algerine  brig  literally  covered  with 
the  dead  and  dying.  The  brig  was  subsequently  lightened  and  got 
off-shore,  and  sent  into  a  Spanish  port. 

Commodore  Decatur  now  sailed  for  Algiers,  and  dictated  peace 
to  the  humbled  Dey.  Full  reparation  was  exacted  for  previous 
depredations,  and  the  treaty  expressly  provided,  that  thenceforward 
the  LTnited  States  commerce  should  suffer  no  molestation,  without 
any  tribute  of  any  sort  being  paid  for  such  exemption.  From 
Algiers  the  Commodore  went  to  Tunis  and  Tripoli,  and  obtained 
from  those  powers  compensation  for  injuries  sustained. 

Commodore  Decatur  was  soon  after  relieved  by  Commodore  Bain- 
bridge,  who  took  command  of  the  squadron,  Commodore  Decatur 
returning  home. 

The  following  year,  Commodore  Bainbridge,  with  his  squadron, 
returned  to  the  United  States.  Lieutenant  Stockton,  in  the  Spit 
fire,  accompanied  him. 

Another  squadron,  under  Commodore  Chauncey,  was  soon  de 
spatched  to  the  Mediterranean.  The  Spitfire  being  ordered  to  be 
laid  up,  Lieutenant  Stockton  applied  to  be  detached  from  her  and 
to  be  transferred  to  the  squadron  of  Commodore  Chauncey.  He 
was  ordered  to  join  the  flag-ship  of  the  Commodore,  and  sailed  as 
seventh  lieutenant  on  the  Washington,  seventy-four  guns,  for  the 
Mediterranean,  in  February,  1816. 

The  cruise  of  this  squadron,  which  continued  several  years,  was 
memorable  on  many  accounts,  and  will  long  be  celebrated  in  our 
naval  annals. 

In  a  period  of  profound  peace,  occasions  do  not  often  happen 
when  naval  officers  of  subordinate  rank  can  increase  their  reputa 
tion.  Their  duties,  when  on  service,  consist  of  an  ordinary  routine 
with  little  variety  of  circumstance  or  action.  Any  failure  to 
observe  the  rules  prescribed  for  the  government  of  the  navy,  may 


28  TRANSFERRED    TO    THE    ERIE. 

prove  fatal  to  the  young  officer ;  while  scarcely  any  opportunity  is 
offered  for  the  display  of  talents,  however  brilliant.  It  could  hardly 
be  expected,  therefore,  that  Lieutenant  Stockton,  during  his  four 
years'  cruise  in  the  Mediterranean,  would  have  been  able  to  augment 
to  any  great  extent  his  rising  reputation. 

But  it  is  the  property  of  genius  to  create  opportunities  in  which 
to  acquire  fame,  as  well  as  to  use  them  to  the  best  advantage. 
Lieutenant  Stockton,  during  these  few  years  of  service  in  the 
Mediterranean,  not  only  augmented  his  high  standing  as  a  naval 
officer,  but  acquired  a  reputation  for  chivalry  and  courage  which 
gave  him  a  name  throughout  Europe  as  well  as  America. 

Among  the  occurrences  which  will  always  make  the  cruise  of  the 
squadron  at  this  time  stationed  in  the  Mediterranean  deserving  of 
note  in  our  naval  history,  were  those  many  serious  difficulties  which 
grew  out  of  the  extraordinary  powers  claimed  and  exercised  by  the 
commanders  of  the  different  vessels  over  their  crews  and  officers. 

During  this  cruise  it  was  that  Commodore  Perry  struck  Captain 
Heath,  and  a  duel  ensued  between  them.  Then,  too,  the  first  effort 
for  reform  in  the  discipline  of  the  navy  may  be  said  to  have  com 
menced  with  the  famous  memorial  subscribed  by  the  junior  officers 
of  the  squadron,  denouncing  in  manly  but  respectful  language  the 
arbitrary  assumptions,  tyranny,  and  injustice  of  the  commanders. 

During  all  these  exciting  events,  Lieutenant  Stockton  still  main 
tained  his  standing  as  a  cool,  reflecting,  dispassionate,  but  firm  re 
former.  He  signed  the  celebrated  memorial  to  Congress  of  the 
junior  officers  of  the  fleet,  and  placed  himself  as  a  firm,  unyielding 
opponent  of  the  indiscriminate  use  of  the  CAT,  and  of  the  unofficer- 
like  and  harsh  and  unjust  treatment  of  subaltern  officers  of  all 
grades. 

In  the  course  of  this  cruise,  on  the  application  of  the  commander 
of  the  Erie,  Captain  Gamble,  Lieutenant  Stockton  was  ordered  as 
second  lieutenant  to  that  ship.  A  short  time  afterwards,  the  first 
lieutenant  of  the  Erie  having  obtained  leave  to  return  home,  Stock 
ton  became  the  first  lieutenant. 

It  was  on  board  of  the  Erie,  while  Lieutenant  Stockton  occupied 
this  position,  that  an  event  took  place  which,  perhaps,  as  much  as 
any  other  event  of  his  life,  marks  the  decided  character  of  the  man. 
Owing  to  the  difficulties  to  which  we  have  referred,  the  discipline 
of  the  squadron  had  by  this  time  become  seriously  demoralized. 
Many  of  the  superior  officers  were  held  in  contempt  by  the  subaltern 
officers,  who  did  not  hesitate  to  express  frequently,  in  unguarded 
language,  their  hostile  feelings  and  opinions.  The  Erie  was  officered 


AFFAIR    WITH    A    MIDSHIPMAN.  29 

by  a  high-spirited,  gallant  set  of  young  gentlemen,  jealous  of  their 
rights  and  as  inflammable  as  gunpowder. 

Captain  Gamble  was  a  good  officer  and  disciplinarian,  and  Lieu 
tenant  Stockton  was  determined  to  do  his  part  in  reforming  the 
discipline  of  the  squadron,  and  teaching  the  junior  officers  the  first 
principle  of  military  life, —  that  of  respect  for  and  obedience  to 
their  superiors  in  command.  He  has  always  held,  however,  that  it 
was  obligatory  on  the  commander  to  inspire  his  officers  not  only 
with  a  sense  of  deference  to  his'  official  dignity,  but  to  impress  them 
likewise  with  a  conviction  of  his  own  high  sense  of  honour  and  his 
punctilious  regard  for  the  principles  of  justice  in  all  his  intercourse 
with  them ;  in  fact,  that  it  is  his  duty  to  convince  his  officers  that  he 
is  a  gentleman  who  will  neither  do  wrong  himself,  or  suffer  it  to  be 
done  by  others  with  impunity.  One  of  the  first  lessons  which  he 
endeavoured  to  teach  those  under  his  command  was  that  of  remain 
ing  cool  and  preserving  their  self-possession  under  all  circum 
stances.  He  would  say,  (to  use  his  own  words,  which  we  have  often 
heard  repeated,)  "  Remember,  gentlemen,  that  there  is  always  time 
enough  to  fight ;  keep  cool ;  never  get  in  a  passion,  under  the  grossest 
provocation." 

These  principles  and  views  being  entertained  by  him,  it  is  quite 
natural  that  he  should  consider  the  event  which  we  are  now  about 
to  relate  as  one  of  the  most  trying  and  difficult  of  all  others  which 
on  any  occasion  happened  to  him  while  he  was  in  the  service  of  the 
country.  He  was  undoubtedly  governed  in  his  conduct  in  this  affair 
by  a  sense  of  duty  to  the  service,  and  not  by  personal  considera 
tions.  Indeed,  from  the  best  information  we  have  been  able  to  ob 
tain,  he  never  had  a  serious  personal  altercation  on  his  own  account 
with  any  officer  of  the  navy.  All  the  difficulties  in  which  he  was 
ever  involved  were  produced  by  his  devotion  to  the  country  and  the 
honour  of  the  service.  And  in  all  cases  of  personal  difference  be 
tween  others,  whether  officers  or  citizens,  in  which  he  was  induced 
as  a  friend  to  act  for  one  of  the  parties,  never  in  any  one  instance 
did  he  permit  them  to  proceed  to  the  final  resort,  but  invariably  suc 
ceeded  in  effecting  an  amicable  arrangement. 

Returning  one  evening  to  his  state-room,  Lieutenant  Stockton 
overheard  one  of  the  midshipmen  of  the  Erie  in  the  steerage,  which 
was  only  separated  by  a  thin  partition  from  the  state-room,  say, 
among  other  unpleasant  things,  that  "Lieutenant  Stockton  would 
not  have  dared  do"  what  he  had  been  referring  to  before,  (but  which 
was  not  heard,)  "unless  he  had  taken  advantage  of  his  superior 
rank." 


30  AFFAIR   WITH   A    MIDSHIPMAN. 

Stockton  retired  without  any  notice  of  the  remark.  In  the  morn 
ing,  however,  he  communicated  what  he  had  heard  to  a  marine 
officer.  The  marine  officer  said  to  him  "that  he  was  under  no  obli 
gation  to  take  any  notice  of  the  midshipman's  observation,  because 
he  was  not  supposed  to  have  heard  it." 

Stockton  replied,  "  that  it  was  a  very  easy  thing  to  get  out  of  the 
difficulty  if  he  could  reconcile  himself  to  consider  it  only  as  a  per 
sonal  matter."  But  he  said,  "That  is  a  clever  young  man  :  I  enter 
tain  a  high  opinion  of  him  as  a  good  and  gallant  officer ;  and  if  he 
really  believes  that  I  am  that  sort  of  person,  as  his  remark  imports 
me  to  be,  he  will  impress  others  with  the  same  opinion,  and  my  use 
fulness  in  the  service  will  be  at  an  end.  I  see  no  way  to  prevent 
the  evil  consequences  of  such  impressions  among  the  officers  but  to 
offer  myself  a  sacrifice,  to  check  the  disposition  on  the  part  of  the 
young  officers  to  speak  disparagingly  of  their  superiors  without 
cause." 

He  then  told  the  marine  officer  that  he  wished  him  to  invite  the 
midshipman  on  shore,  and  there  say  to  him  that  "  Lieutenant 
Stockton  understands  that  you  consider  yourself  as  having  been 
grossly  insulted  by  him,  and  that  you  have  said  that  he  would  not 
have  dared  to  have  acted  as  you  allege  he  did  had  he  not  taken 
advantage  of  his  rank."  Stockton  told  the  marine  officer  that  he 
had  no  idea  how  or  when  he  had  insulted  the  midshipman.  "  But  if 
he  asks  whether  I  intended  to  insult  him,  you  must  consider  your 
lips  sealed  on  that  subject,  and  reply  that  you  have  considered 
yourself  insulted,  which  constrains  Lieutenant  Stockton  to  direct 
me  to  inform  you  that  you  have  very  much  mistaken  his  charac 
ter,  and  that  he  wishes  you,  as  well  as  all  others,  to  understand 
that  his  rank  need  never  stand  between  him  and  the  just  indigna 
tion  of  any  honourable  man." 

The  result  was,  that  the  midshipman  challenged  the  lieutenant ; 
that  they  went  on  shore  and  stood  at  eight  paces,  and  were  to  fire 
as  they  pleased  after  the  word  "FIRE"  had  been  given.  As 
soon  as  the  word  was  given,  the  young  midshipman  fired  and 
missed.  Stockton  then  said  that  "  perhaps  that  was  a  mistake,  and 
that  the  opposite  party  had  better  reload,  as  Lieutenant  Stockton 
waived  his  right  to  take  deadly  aim  and  fire  at  an  unarmed  man." 
But  with  great  gallantry  the  young  midshipman  said  that  he  had 
had  his  fire,  and  that  if  Lieutenant  Stockton  would  shoot,  and  he 
was  able  afterwards,  he  would  reload.  Whereupon  Stockton  dis 
charged  his  pistol  in  the  air.  The  young  officer,  however,  refused 
to  consider  that  as  the  fire  which  Stockton  had  the  right  to  make. 


INSOLENCE   OF   BRITISH   OFFICERS.  31 

and  persisted,  together  with  his  friend,  in  refusing  to  load  again 
until  Stockton  had  shot  at  him. 

Thus  the  parties  stood  in  an  attitude  towards  each  other  which  it 
seemed  at  first  very  difficult  to  alter.  The  seconds,  after  a  short 
consultation,  referred  to  the  principals.  Lieutenant  Stockton  said 
he  thought  "  there  was  no  difficulty  in  the  case ;  that  he  had  come 
to  give  those  gentleman  satisfaction,  and  if  they  were  satisfied,  he 
was — perfectly."  The  second  of  the  midshipman,  as  chivalrous  as 
any  man,  observed  that  they  must  be  satisfied ;  and  thus  the  affair 
terminated.  And  all  those  gentlemen,  principal  and  seconds,  be 
came  and  continued  ever  afterwards  firm  and  admiring  friends  of 
Stockton.  The  midshipman  remained  on  the  Erie  precisely  as  if 
nothing  had  occurred,  only  there  was  no  one  aboard  more  zealous 
and  prompt  to  preserve  the  discipline  of  the  ship  than  he. 

During  the  four  years  which  Lieutenant  Stockton  spent  on  the 
Erie,  many  changes  took  place  in  her  personnel.  At  last  there  was 
no  ship  in  the  squadron  which  could  boast  a  superior  company  of 
officers.  They  were  all  gentlemen  of  a  high  sense  of  honour,  cour 
teous,  hospitable,  intellectual,  and  brave,  and  were  in  fact  the  elite 
of  our  service,  if  any  could  be  so  called.  The  leisure  time  of  the 
officers  of  the  Erie  was  not  devoted  to  dissipation  or  wasted  in 
idleness.  Lieutenant  Stockton  particularly  applied  himself  with 
assiduity  to  his  nautical  studies.  He  esteemed  it  to  be  one  of  his 
first  duties  to  become  perfect  master  of  his  profession.  The  law  of 
nations  likewise,  as  well  as  the  common  law  and  the  law  martial, 
were  objects  of  his  special  study. 

His  aptitude  for  questions  of  law,  and  the  forensic  talents  which 
he  displayed,  induced  his  brother  officers  to  call  on  him  to  act  as 
their  counsel  before  courts-martial ;  and  we  have  been  told  that, 
whether  owing  to  the  justice  of  his  causes  or  to  his  own  ingenuity 
and  ability  in  such  efforts,  he  was  invariably  successful. 

On  the  first  appearance  of  the  American  squadron  in  the  Medi 
terranean  as  part  of  our  regular  peace  establishment,  the  American 
uniform  was  a  comparative  stranger  in  the  principal  ports  of  that 
sea.  The  British  naval  gentlemen  had  been  long  accustomed  to  the 
assertion  of  superiority  or  precedence  over  the  officers  of  other 
flags.  They  hectored  and  bullied  the  officers  of  other  nations  with 
impunity ;  at  places  of  public  resort,  on  public  occasions,  at  hotels, 
and  even  at  private  entertainments,  their  arrogance  and  insolence 
were  displayed  without  restraint.  Chafed  and  mortified  by  the  bril 
liant  naval  victories  of  the  United  States  during  the  recent  war, 
they  seemed  disposed  to  manifest  a  particular  animosity  towards 


32  DUEL   AT   NAPLES. 

the  American  uniform.  Notwithstanding  this  bad  state  of  feeling, 
the  American  officers  were  determined  to  give  no  just  cause  of 
offence ;  nor  did  they  ever  do  so. 

It  will  be  observed,  therefore,  that  the  provocation  which  led  to 
the  celebrated  encounters  in  which  Stockton  was  engaged  in  the 
Mediterranean  were  national  in  their  origin.  Their  object  was  not 
the  gratification  of  personal  pique  or  resentment,  but  the  discharge 
of  a  patriotic  duty,  implicating  the  defence  of  American  honour. 

On  the  arrival  of  the  squadron  on  one  occasion  in  the  Bay  of 
Naples,  while  a  British  fleet  was  at  anchor  there,  the  following 
occurrence  took  place  : — 

It  is  the  custom  at  that  rendezvous  of  the  fleets  of  different  na 
tions,  for  the  officers  who  employ  the  natives  on  shore  to  work  for 
them  or  to  supply  them  with  fresh  provisions,  to  give  them  certifi 
cates  in  a  book  carried  by  them,  and  which  they  exhibit  as  evidence 
of  their  honesty  and  skill.  On  the  arrival  of  the  Erie,  she  was 
boarded  by  one  of  these  Neapolitans,  who  exhibited  his  book  of 
certificates  and  solicited  employment.  On  opening  the  book,  Mr. 
Stockton  observed  a  recommendation  given  in  the  usual  form  by  an 
American  officer,  who  had  returned  to  the  United  States,  and  imme 
diately  under  it  a  remark,  subscribed  by  a  British  officer,  expressing 
in  very  insulting  language  a  contemptuous  reflection  on  the  "Yan 
kees."  The  author  of  this  needless  insult  was  known  to  be  on  a 
British  ship  of  the  line  then  at  anchor  in  the  bay.  The  insult 
was  addressed  to  every  American,  and  liable  to  the  observation  of 
the  officers  of  every  flag  which  might  visit  Naples.  Lieutenant 
Stockton  accordingly  determined  to  exact  an  apology  or  a  fight 
from  the  offender.  He  despatched  a  friend  with  a  note  addressed 
to  the  British  officer  who  had  been  guilty  of  the  offence,  demanding 
an  apology  or  satisfaction.  The  latter  alternative  was  conceded, 
and  a  meeting  agreed  on.  After  some  delay  the  parties  met  on 
shore.  The  Americans  found  that  the  Englishmen  were  very  shy  of 
exchanging  shots  at  close  quarters.  They  desired  to  fight  at  long 
distances,  and  would  only  consent  to  the  combatants  shooting  in  the 
time  that  a  handkerchief  held  to  the  chin  of  one  of  the  seconds,  on 
being  dropped,  would  reach  the  ground.  They  desired  to  fight  duels 
without  any  risk  of  being  hit.  Stockton,  however,  shot  his  oppo 
nent  on  the  first  trial  in  the  leg,  when,  picking  up  his  wounded 
limb  in  his  hand,  he  commenced  crying,  "I  am  hit!  I  am  hit !  Are 
you  satisfied?  are  you  satisfied?"  Stockton  replied  that  he  was 
not  satisfied,  and  demanded  another  trial.  But  nothing  could 
induce  the  Englishman  to  make  another  such  experiment. 


DIFFICULTIES   AT    GIBRALTAR.  33 

The  next  affair  of  this  nature  occurred  at  Gibraltar,  and  originated 
in  the  circumstances  which  we  shall  now  briefly  narrate. 

The  Erie  arrived  at  Gibraltar,  on  one  occasion,  alone,  no  other 
American  ship-of-war  being  in  company.  As  soon  as  she  arrived,  a 
very  respectable  captain  of  a  Boston  merchantman  came  aboard  and 
complained  of  the  outrageous  treatment  to  which  he  had  been  recently 
subjected.  The  captain  was  evidently  a  gentleman  keenly  suscep 
tible  of  any  indignity,  personal  or  national,  which  could  be  offered 
to  him.  It  appeared  that  it  was  a  regulation  at  Gibraltar  that  every 
one  in  the  streets  after  a  certain  hour  at  night  should  carry  a  light 
in  a  lantern  with  him.  The  American  captain  was  ignorant  of  this 
regulation,  and,  returning  home  after  the  prescribed  hour  from 
supper  with  a  friend,  only  a  few  doors  from  his  boarding-house  was 
arrested  by  the  guard.  He  offered  to  satisfy  the  guard  who  he  was 
if  he  would  only  go  with  him  a  few  doors  to  his  boarding-house. 
The  guard  refused  this  reasonable  request,  and  conducted  him  to 
the  officer  of  the  station.  To  him  the  American  captain  repeated 
his  excuse.  The  officer  affected  to  discredit  his  story,  and  ordered 
him  to  be  detained.  The  American  captain  remonstrated,  and  the 
British  officer  abused  him  in  opprobrious  terms,  and  finally  thrust 
him  in  a  dungeon  in  which  the  vilest  criminals  were  confined.  He 
was  there  detained  until  liberated  at  the  instance  of  the  American 
consul,  but  no  redress  was  tendered.  The  American  captain  then 
challenged  the  British  officer  of  the  station,  who  received  his  chal 
lenge  with  the  contemptuous  inquiry  whether  he  was  fool  enough  to 
suppose  that  a  British  officer  would  fight  the  captain  of  a  «  damned 
Yankee  merchantman." 

After  satisfying  himself  of  the  facts  of  the  case,  every  effort  was 
made  to  obtain  some  redress  from  the  British  captain  by  Lieutenant 
Stockton ;  but  every  such  attempt  was  repelled  in  such  a  manner 
as  aggravated  the  original  offence.  In  consequence  of  this  outrage 
upon  an  American  citizen,  a  hostile  meeting  was  arranged  to  take 
place  between  Lieutenant  Stockton  and  the  captain  of  the  guard, 
with  the  express  stipulation  that,  whatever  might  be  the  result,  the 
American  officers  should  have  a  free  passage  to  their  ship. 

The  meeting  took  place,  and  much  dispute  arose  respecting  the 
terms  and  distances  to  be  agreed  upon.  The  British  officers  desired 
to  fight  at  long  distances,  and  on  the  dropping  of  a  handkerchief. 
The  Americans  wanted  the  distance  shortened,  and  to  fire  when  they 
pleased.  The  British  officer  was  wounded,  and  his  second  would  not 
permit  another  exchange  of  shots  at  that  time.  Lieutenant  Stock 
ton  told  them  pretty  plainly  that  he  did  not  approve  their  conduct, 


34  NARROW   ESCAPE    OP    STOCKTON. 

-which  indicated,  in  his  opinion,  nothing  but  cowardice.  They  then 
said  that,  unless  the  affair  was  soon  settled,  Stockton  would  have  to 
fight  all  the  captains  of  the  regiment.  Assuming  this  communica 
tion  to  be  a  challenge  from  all  the  captains  of  the  regiment,  Stock 
ton  promptly  accepted  it,  adding  that,  as  they  had  differed  about 
the  distance,  they  might  choose  it  for  themselves  at  any  point 
between  eight  paces  and  two  inches.  The  difficulties  increased  with 
every  negotiation;  and,  after  several  meetings,  the  governor  of 
Gibraltar  interposed,  and,  at  his  suggestion,  the  Commodore  of  the 
American  squadron  forbid  the  officers  of  the  Erie  to  go  ashore. 

The  particulars  of  these  hostile  meetings  we  have  never  been 
able  to  obtain ;  or,  if  we  have  heard  them,  it  has  been  so  long  ago 
that  we  cannot  trust  our  memory  for  a  correct  description. 

But  there  was  a  meeting  between  Stockton  and  a  British  officer 
of  the  garrison  of  Gibraltar,  the  account  of  which,  at  the  time, 
made  such  a  lively  impression  that  we  shall  venture  to  relate  it 
according  to  our  remembrance. 

Some  time  after  the  first  affair  at  Gibraltar  referred  to  on  the 
previous  page,  the  Erie  returned  from  a  cruise  of  a  month  or  two, 
to  Gibraltar.  Soon  after  her  arrival,  Lieutenant  Stockton  received 
a  message  from  the  British  captain  with  whom  the  unsettled  diffi 
culty  was  pending,  that  he  was  ready  to  give  Stockton  the  meet 
ing  agreed  upon  at  the  neutral  ground,  and  that  he  might  depend 
upon  their  not  being  molested  by  the  military  police. 

At  the  appointed  time,  Stockton,  accompanied  by  Purser  Bowen 
and  Dr.  Peaco,  proceeded  to  the  ground  at  12  o'clock.  The  British 
parties  were  again  unwilling  to  fight  on  the  terms  and  at  the  dis 
tance  proposed  by  the  Americans,  and  would  only  fight  on  their 
own  terms.  So  many  difficulties  were  raised  by  them  that  at  last 
Stockton  told  them  they  only  wanted  to  prolong  the  negotiations 
until  they  should  be  discovered  by  the  authorities  of  Gibraltar  and 
interrupted.  He  had  hardly  made  this  remark  when  a  guard  was 
seen  coming  out  of  Gibraltar  in  the  direction  of  the  neutral  ground, 
and  it  became  apparent  that  the  guarantee  by  which  they  had 
been  lured  ashore  was  worthless,  and  that,  unless  the  terms 
dictated  by  the  Englishmen  were  accepted,  no  conflict  would  take 
place.  Stockton  told  his  second  to  have  done  with  negotiation,  and 
let  him  fight  on  the  terms  of  his  adversary.  Having  wounded  his 
opponent,  upon  going  up  to  him  to  inquire  into  his  condition, 
the  British  officer  advised  him  to  save  himself,  by  immediately 
leaving  the  ground,  if  he  wished  to  escape  being  arrested.  After 
denouncing  their  treachery,  and  defying  them  for  any  future  en- 


NARROW   ESCAPE   OF   STOCKTON.  35 

counter  they  might  dare  to  risk,  Stockton  turned  into  the  road 
leading  to  the  shore,  where  his  boat  was  awaiting  his  arrival.  The 
road  was  rough  and  strewn  with  rocks,  and  at  the  foot  of  the  hill 
could  be  seen  a  strong  detachment  approaching  for  his  arrest.  In 
descending  the  eminence,  the  road  forked,  and  Stockton  took  the 
route  on  which  he  saw  the  guard  consisted  of  but  two  men.  In  his 
descent  he  fell,  and  rose  with  his  eyes  filled  with  dust,  and  his  face 
streaming  with  blood  from  the  wounds  received  in  his  fall.  He  was 
in  his  shirt  sleeves,  and  had  his  head  bound  up  in  a  red  bandanna 
handkerchief,  and  could  see  out  of  the  corner  of  but  one  eye.  In 
this  plight,  covered  with  dust  and  blood,  he  pushed  on,  visible  to 
all  the  inhabitants  of  Gibraltar,  who  soon  became  apprised  of  what 
was  going  on,  and  who  covered  the  tops  of  the  houses  to  witness 
the  scene.  As  he  approached  the  guard  of  two  men,  they  presented 
their  bayonets  and  ordered  him  to  stand.  He  approached  them, 
apparently  with  the  intention  of  surrendering,  until  they  had 
shouldered  their  guns ;  when,  seizing  each  of  them  by  the  collar, 
he  dashed  them  to  the  ground,  and  rushed  on  with  all  the  speed  he 
could  make.  After  proceeding  about  one  hundred  yards  farther, 
he  met  a  man  on  horseback,  whom  he  surprised,  and,  pitching  him 
from  his  saddle,  mounted  his  horse,  and,  on  full  gallop  through  the 
main  street  of  Gibraltar,  eluding  every  attempt  to  stop  him,  held 
his  way  until  he  reached  the  spot  where  his  sailors  were  anxiously 
waiting  his  appearance.  They  received  him  in  their  arms  with  a 
shout  which  sounded  over  the  whole  bay,  and  which  was  responded 
to  with  three  cheers  from  the  American  squadron,  as  well  as  the 
vessels  of  many  other  flags,  whose  crews  had  been  spectators  of  the 
exciting  scenes  which  we  have  endeavoured  to  relate. 

Governor  Don  now  issued  his  proclamation  forbidding  any  inter 
course,  for  hostile  purposes,  between  the  American  and  British 
officers,  and  applied  himself  seriously  to  the  task  of  effecting  a 
final  settlement  of  all  differences  between  them.  He  had  frequent 
conferences  for  that  end  with  Commodore  Stewart,  the  commander- 
in-chief  of  the  American  squadron.  Through  these  exertions  of 
the  governor  and  the  Commodore,  terms  of  amity  were  agreed  upon; 
and  some  months  afterwards,  upon  the  return  of  the  Erie,  pro 
posals  for  peace  were  accepted  and  a  general  pacification  concluded. 
Governor  Don  gave  a  grand  ball,  in  celebration  of  the  treaty  of 
peace,  at  which  the  English  and  American  officers  came  together 
with  good-will  and  complete  harmony. 

It  would  be  unjust  to  Stockton  for  the  reader  to  infer,  from  these 
personal  rencontres  in  the  first  years  of  his  naval  life,  that  he  is 


36  RETURNS   IN   CHARGE    OF   ARRESTED   CAPTAINS. 

what  is  called  a  professional  duellist.  So  far  is  this  from  being  the 
case,  that  it  is  well  known  that  he  has  uniformly  discouraged  the 
practice  among  those  over  whom  he  exercised  any  influence,  and 
that  he  has  been  the  means  of  compromising  more  difficulties  between 
officers  in  the  American  service,  and  of  averting  more  duels,  than 
any  other  officer  in  the  navy.  No  one,  while  he  was  in  the  service, 
was  more  frequently  called  upon  to  arbitrate  personal  difficulties, 
and  no  one's  advice  on  affairs  of  honour  was  more  generally  approved. 
We  have  been  told  that  he  has  been  often  heard  to  express  the 
opinion  that  a  case  can  rarely  happen  in  which  it  is  necessary  for 
gentlemen  to  fight  a  duel ;  because  the  aggressor,  if  a  gentleman, 
will  always  be  willing  to  make  proper  explanations,  and  the  offend 
ing  party,  if  likewise  a  gentleman,  will  be  equally  disposed  to  accept 
as  satisfactory  such  honourable  atonement.  We  believe  that  Mr. 
Stockton,  except  on  the  single  occasion  which  we  have  before 
related,  was  never  engaged,  as  principal  or  second,  in  any  duel 
between  American  officers. 

The  personal  combats  in  the  Mediterranean,  fortunately,  were 
attended  with  no  loss  of  life.  Their  effects,  however,  were  very 
important  and  useful.  They  taught  the  British  naval  and  military 
gentlemen  a  salutary -lesson.  Their  deportment  thenceforward  was 
extremely  circumspect  and  respectful  towards  all  Americans.  The 
American  character  for  courage,  sensibility,  and  honour,  was  esta 
blished.  Since  this  period,  no  difficulties  of  a  personal  nature  have 
ever  occurred  of  any  serious  importance  between  the  American  and 
British  officers. 

Soon  after  this,  some  unfortunate  difficulties  took  place  in  the 
squadron,  which  led  to  numerous  courts-martial.  Several  post-cap 
tains  were  suspended  from  their  commands  and  placed  under  arrest 
by  Commodore  Stewart,  for  the  purpose  of  being  sent  home.  Mr. 
Stockton,  having  command  of  the  Erie  in  consequence  of  the  arrest 
of  the  captain,  was  selected  for  the  performance  of  this  delicate  duty. 
He  was  one  of  the  youngest  lieutenants  in  the  squadron;  and  his 
appointment  to  this  charge  may  properly  be  considered  as  evidence 
of  his  high  standing,  and  of  the  confidence  reposed  in  his  discretion 
by  the  commander-in-chief. 

On  his  way  home  he  ran  down  the  African  coast,  with  the  view 
of  falling  in  with  some  of  the  numerous  vessels  then  engaged,  under 
the  American  flag,  in  the  slave-trade,  which  he  was  instructed  to 
capture  if  possible.  While  in  the  track  of  those  vessels  prosecuting 
this  illegal  traffic,  a  vessel  resembling  those  usually  engaged  in  this 
trade  made  her  appearance.  When  first  discovered,  her  course  was 


AFFAIR   WITH   A    SPANISH   VESSEL.  37 

nearly  at  right  angles  to  that  of  the  Erie.  Instead  of  pursuing  her 
course,  she  lay  to  in  the  path  of  the  Erie,  and  acted  so  suspiciously 
that  Stockton  took  her  to  he  a  pirate.  Towards  evening  she  altered 
her  course  several  points,  so  as  to  keep  the  Erie  in  sight.  Stockton 
determined  to  overhaul  her  and  ascertain  her  character.  Late  at 
night,  which  was  quite  dark,  he  got  within  hearing  distance  and 
hailed  her.  The  strange  vessel  made  no  reply,  though  repeatedly 
hailed,  but  wras  evidently  preparing  for  action,  and  in  appearance 
seemed  to  be  much  larger  than  the  Erie.  Stockton  now  called  his 
boarders,  had  his  guns  loaded  and  primed,  and  ran  under  the  stern 
of  the  stranger,  directing  his  men  at  the  proper  signal  to  grapple 
and  make  fast  both  vessels  together.  He  now  hailed  again: 
"What  ship  is  that?"  and  repeated  the  words  "What  ship  is 
that?"  three  times.  On  the  third  interrogatory,  the  stranger 
replied,  in  good  English,  "What  ship  is  that?"  At  this  moment 
one  of  the  arrested  captains  came  to  Stockton,  and,  presuming  on 
his  seniority,  said,  "Mr.  Stockton,  we  have  consulted  together,  and 
see  no  impropriety  in  your  replying  to  the  stranger  and  informing 
him  of  the  character  of  your  vessel."  Stockton  replied  to  him: — 
"  Sir,  if  you  desire  to  take  part  in  the  action  which  may  now  occur, 
you  can  furnish  yourselves  with  arms ;  otherwise,  you  can  retire 
below.  No  vessel  on  the  high  seas  can  threaten  any  ship  under  my 
command  without  disclosing  her  name,  character,  and  purpose." 
He  then  ordered  the  covers  to  be  removed  from  the  lights,  and  re 
vealed  his  crew  of  boarders  armed  to  the  teeth,  their  sabres  reflect 
ing  the  blazing  torches,  and  every  thing  prepared  to  board  his  adver 
sary.  He' then  hailed  him  for  the  last  time,  and  said  that  unless  he 
immediately  disclosed  his  character  he  would  board  him  and  ascer 
tain  it  for  himself.  This  brought  the  stranger  to  his  senses,  and  he 
immediately  stated  that  the  strange  vessel  was  a  Spanish  frigate. 
She  carried  an  armament  nearly  double  that  of  the  Erie.  Stockton 
sent  Lieutenant  McCawley  aboard  of  her  to  verify  this  report,  with 
directions,  if  he  found  it  to  be  true,  that  he  need  not  be  very  par 
ticular  in  his  examination.  The  report  was  ascertained  to  be  true, 
and  the  Erie  pursued  her  way  unmolested. 

On  his  way  home  with  the  arrested  captains,  the  commander  of 
the  Erie  extended  to  them  every  mark  of  respect.  He  gave  up  to 
them  his  cabin,  and  messed  with  his  own  officers,  excepting  at 
dinner. 

His  instructions  directed  him  to  take  them  to  the  United  States 
and  report  them  to  the  Secretary  of  the  Navy.  As  they  came  near 
their  destination,  he  found  that  the  captains  expected  to  go  ashore 


38  STRICT   EXECUTION   OF   HIS    ORDERS. 

as  passengers,  free  from  all  restraint.  In  the  most  respectful  man 
ner  he  informed  them  that  they  were  mistaken ;  that  he  had  no  ob 
jections  to  their  going  ashore,  but  that  they  must  give  their  word 
of  honour  to  hold  themselves  subject  to  respond  to  the  summons  of 
the  Navy  Department  at  some  specified  place.  The  captains  re 
ceived  this  information  with  apparent  astonishment,  and  bristled 
up  with  great  indignation,  and  declared  their  determination  to  land 
when  they  pleased  and  go  where  they  thought  proper.  Stockton 
again,  in  a  mild  but  resolute  manner,  gave  them  to  understand  that 
they  should  not  go  unless  on  the  terms  prescribed.  He  promptly 
told  them  that  any  attempt  on  their  part  to  leave  the  ship  without 
his  permission  should  be  frustrated  at  all  hazards,  even  to  death. 
The  captains  ultimately  acquiesced,  and  they  parted  from  the  young 
lieutenant  with  feelings  of  augmented  respect. 


APPLIES   FOR   ONE   OF  THE    NEW   SCHOONERS. 


CHAPTER  IV. 

STOCKTON    SOLICITED   BY   THE  FRIENDS  OF   THE    COLONIZATION    SOCIETY   TO  AID  THEM — 

APPLIES     FOR    ONE    OF    THE    NEW    SCHOONERS SAILS    IN    THE    ALLIGATOR    FOR    THE 

WESTERN    COAST    OF    AFRICA  —  INTERVIEW   WITH    SIR    GEORGE     MCCARTY VISIT    TO 

CAPE    MESURADO — INTERCOURSE    WITH    NATIVES KING    PETER   AGREES  TO    TREAT — 

DANGEROUS    PALAVER — A    CESSION    OF    TERRITORY   OBTAINED   BY    TREATY LIBERIAN 

REPUBLIC. 

SOON  after  the  arrival  of  Lieutenant  Stockton  at  New  York,  he 
visited  Washington  on  official  business.  While  there,  several  of  the 
prominent  friends  of  the  American  Colonization  Society — particu 
larly  Judge  Washington,  president  of  the  Society,  and  Francis  Key, 
Esq.,  one  of  the  managers — called  upon  him  to  express  their  wishes 
that,  in  case  he  could  procure  a  suitable  vessel,  he  would  consent, 
with  permission  from  the  government,  to  make  an  effort  to  obtain 
for  the  Society  some  territory  on  the  western  coast  of  Africa  better 
adapted  to  the  purposes  of  colonization  than  that  which  they  had 
previously  obtained.  He  agreed,  provided  he  could  obtain  one  of 
the  new  schooners  then  being  built,  that  he  would  endeavour,  with 
the  approbation  of  the  Navy  Department,  to  do  something  for  the 
Colonization  Society. 

Lieutenant  Stockton  had  now  (1821)  been  ten  years  in  the  ser 
vice  without  any  furlough,  leave  of  absence,  or  relaxation  on  shore. 
It  might  be  supposed  that  he  would  feel  some  inclination  for  a  little 
repose  from  the  privations  and  fatigues  of  the  service,  and  some  dis 
position  to  enjoy  the  society  of  his  friends  and  family  at  home.  But, 
while  the  path  of  honourable  service  was  open,  such  enjoyment  did 
not  come  within  the  scope  of  his  ambition.  Accordingly,  he  applied 
for  one  of  the  new  schooners.  At  first  he  was  informed  that  it  was 
impossible  to  accede  to  his  request,  because  many  of  his  senior  officers 
were  also  applying  for  these  vessels.  But,  having  set  his  heart  on 
obtaining  one  of  them,  he  stuck  to  the  Secretary  (Thompson)  with 
such  pertinacity,  and  assigned  so  many  good  reasons  why  his  appli 
cation  should  be  granted,  that  the  Secretary  at  last  yielded  to  his 
importunities,  and  gave  him  the  command  of  the  Alligator. 

Having  obtained  a  vessel,  Lieutenant  Stockton  now  held  several 
conferences  with  Judge  Washington  and  the  managers  of  the  Colo- 


40  SAILS    FOR   AFRICA   IN   THE   ALLIGATOR. 

nization  Society  in  relation  to  his  proposed  mission  to  Africa  in 
their  behalf.  Their  colony  at  Sherbro,  where  first  located,  had 
proved  unfortunate :  it  was  an  unhealthy  part  of  the  coast,  and  the 
first  colonists  had  nearly  all  perished  from  the  effects  of  the  dele 
terious  climate,  the  few  survivors  having  returned  to  the  United 
States  or  sought  refuge  elsewhere.  Unless  some  more  favourable 
country  could  be  obtained,  the  plan  of  African  colonization  would 
have  to  be  relinquished,  and  the  benevolent  designs  of  the  founders 
of  the  Society  altogether  abandoned.  Lieutenant  Stockton,  with 
the  consent  of  the  Navy  Department,  cordially  acceded  to  the  wishes 
of  the  Colonization  Society,  and  agreed  to  undertake  the  acquisition 
of  some  more  eligible  site  on  the  African  coast  better  adapted  to  the 
settlement  of  colonists  from  America.  But  he  stipulated  with  the 
managers  of  the  Society  that  he  should  be  left  to  the  exercise  of  his 
best  discretion,  without  being  embarrassed  and  controlled  by  minute 
instructions ;  and,  with  this  understanding,  amounting  to  a  carte 
blanche  to  pursue  his  own  course,  he  sailed  on  this  expedition  in  the 
fall  of  1821. 

We  may  here  remark  that  Stockton  remained  several  years  in 
command  of  the  schooner  Alligator,  cruising  during  that  time  on 
different  coasts,  and  performing  a  variety  of  important  duties  in  the 
service ;  and,  while  no  vessel  was  under  better  discipline  and  no 
crew  more  obedient,  the  use  of  the  lash  was  altogether  abolished. 
Stockton  had  always  maintained  that  the  lash  was  not  necessary  to 
enforce  good  government  on  a  vessel  when  the  commander  was  pro 
perly  qualified  to  govern  men.  He  determined  to  make  a  practical 
experiment  of  his  opinions  on  this  subject  on  the  first  suitable  occa 
sion.  For  this  purpose,  while  the  Alligator  was  still  in  sight  of 
shore,  he  ordered  the  "CAT"  pitched  overboard,  and  informed  his 
men  that  he  intended  to  exact  obedience  from  them  by  other  means. 
The  records  of  the  Navy  Department  will  show  that  the  lash  was 
never  used  by  order  of  the  commander  of  the  Alligator  while  she 
sailed  under  Stockton.  His  experience  on  the  Alligator  confirmed 
him  in  the  opinions  which  he  had  previously  entertained  respecting 
the  inutility  of  the  lash  on  a  man-of-war,  and  he  has  been  ever  since 
the  uniform  advocate  of  its  abolition. 

Mr.  Stockton  was  a  sincere  believer  in  the  practicability  and  im 
portance  of  the  scheme  of  colonizing  Africa  with  colonists  from 
America — the  educated  and  civilized  descendants  of  the  ignorant 
barbarians  originally  torn  by  rapine  and  piracy  from  their  native 
country.  He  had  a  high  respect  for  Dr.  Samuel  Finley,  the  original 
founder  and  projector  of  the  American  Colonization  Society,  under 


INTERVIEW   WITH    THE   GOVERNOR    OF    SIERRA   LEONE.  41 

whose  tuition  he  spent  some  time  at  Baskingridge,  in  New  Jersey, 
and  with  whom  he  had  frequently  discussed  the  subject.  He  entered 
with  zeal  into  the  objects  of  the  Society,  and  devoted  all  his  energies 
to  the  successful  accomplishment  of  the  expedition.  Dr.  Ayres,  the 
agent  of  the  Colonization  Society,  was  a  passenger  on  the  Alligator ; 
and  to  his  pen  we  are  indebted  for  the  only  narrative  of  Stockton's 
exertions  to  carry  out  the  objects  of  this  mission  with  which  the 
public  has  been  favoured. 

It  was  thought  expedient  in  the  first  instance  to  visit  Sierra 
Leone,  the  British  colony  on  the  western  coast  of  Africa,  to  obtain 
what  information  could  be  had  there  respecting  that  coast.  Upon 
his  arrival  at  that  place,  Mr.  Stockton  sought  an  interview  with  Sir 
George  McCarty,  the  governor  of  the  colony,  and  apprised  him  of 
his  objects,  and  was  received  in  a  friendly  and  hospitable  manner. 
The  governor  informed  him  that,  several  hundred  miles  from  Sierra 
Leone,  there  was  a  fine  country,  high  and  healthy,  and  better 
adapted  than  any  other  known  portion  of  the  coast  for  purposes  of 
colonization.  But  the  governor  declared  that  he  thought  it  would 
be  impossible  to  obtain  it  by  peaceable  cession  from  the  natives. 
They  were  among  the  most  ferocious,  warlike,  and  depraved,  of  all 
the  tribes  on  the  coast.  They  subsisted  entirely  on  the  slave-trade 
and  its  incidents.  They  were  constantly  engaged  in  wars  of  rapine 
and  invasion  with  the  feeble  nations  of  the  interior,  from  whom  the 
captives  were  obtained  with  which  they  supplied  the  slave-ships. 
Many  efforts  had  been  made  during  the  previous  century,  both  by 
the  British,  French,  and  Portuguese,  to  purchase  this  country  from 
the  chiefs  and  head-men ;  but  they  had  uniformly  refused  to 
negotiate  for  a  sale  of  any  part  of  it,  or  listen  to  any  propositions 
for  such  a  purpose  from  any  quarter.  Messrs.  Andrews  and  Bacon, 
former  agents  of  the  Colonization  Society,  were  repulsed  with 
severity  a  year  previous,  in  their  efforts  to  enter  into  negotiations 
with  the  savage  chiefs. 

These  representations  were  not  very  flattering ;  but  Stockton  de 
termined  he  would  take  a  look  at  this  desirable  region,  and  judge  for 
himself  whether  it  was  worth  the  apparently-hopeless  task  of  making 
an  attempt  for  its  acquisition.  If  it  were  what  it  was  represented 
to  be,  the  difficulties  to  be  encountered  were  not  so  appalling  as  to 
deter  him  from  some  exertion  to  overcome  them.  He  thought  it 
best  not  to  permit  his  national  character  to  be  known  on  the  coast, 
lest  the  native  chiefs  should  suppose  that  he  entertained  some 
designs  of  establishing  an  American  station  in  the  neighbourhood, 
and  thus  distrust  his  overtures.  Accordingly,  a  small  vessel,  called 


42  INTERVIEW   WITH    THE    NATIVES. 

the  Augusta,  was  hired,  and  Mr.  Stockton  and  Dr.  Ayres  sailed  on 
a  voyage  of  exploration,  and  ostensibly  for  the  purposes  of  traffic. 
As  soon  as  Stockton  and  Dr.  Ayres  came  in  the  vicinity  of  Cape 
Mesurado,  they  saw  that  this  was  the  country  which  they  had  heard 
described ;  and  that  it  was  admirably  suited  for  the  purposes  of  the 
Colonization  Society.  The  surface  of  the  territory  was  high  and 
undulating,  the  soil  evidently  fertile  and  well-watered,  and  every 
appearance  indicated  a  salubrious  climate  for  that  latitude. 

Having  resolved  to  make  an  effort  for  the  purchase  of  this 
country,  Stockton  determined  to  proceed  with  caution,  and  become 
acquainted  with  the  inhabitants  and  their  chiefs,  and,  if  possible, 
acquire  their  confidence  before  he  disclosed  the  object  of  his  visit. 
He  went  ashore,  and  proposed  to  trade  with  them ;  he  exchanged 
tobacco  and  other  articles  of  traffic  with  them,  and  soon  ingratiated 
himself  with  their  head-men  by  his  judicious  and  prudent  deport 
ment.  Availing  himself  of  the  aid  of  interpreters,  he  conversed 
freely  with  all,  and  established  himself  upon  terms  of  familiar 
social  intercourse  with  them.  On  every  suitable  opportunity,  he 
descanted  on  the  advantages  they  would  derive  from  a  settlement 
of  civilized  Africans  on  their  coast, — the  important  commerce  which 
would  spring  up,  the  arts  which  would  be  introduced  among  them, 
and  the  improved  cultivation  of  the  soil  which  would  be  the  certain 
result  of  such  a  colony.  Gradually  he  unfolded  the  scheme  of  the 
Colonization  Society,  and  all  the  benefits  which  would  be  conferred 
on  the  native  tribes  by  its  success.  Without  alluding  to  the  sup 
pression  of.  the  slave-trade,  he  at  last  created  in  the  minds  of  many 
of  their  chiefs  a  sincere  desire  to  realize  all  the  advantages  which 
he  had  enumerated. 

After  thus  preparing  the  minds  of  the  principal  men  among 
them,  and  especially  of  King  Peter,  as  he  was  called, — the  chief 
who  exercised  the  greatest  influence  over  them, — Stockton  at  last 
proposed  directly  to  King  Peter  thp  cession  of  a  certain  district  of 
country  around  Cape  Mesurado.  The  proposition  was  not  pressed 
at  first  with  much  effort,  lest,  by  the  exhibition  of  any  eagerness  on 
his  part,  the  savages  might  suppose  that  he  had  come  there  at  first 
for  the  purpose  of  purchasing  their  land.  He  let  it  operate  on 
their  cupidity  for  some  time,  apparently  indifferent  whether  they 
agreed  to  sell  or  not.  At  last  King  Peter,  completely  won  over  by 
the  attentions  and  frank,  open  deportment  of  Stockton,  agreed  to 
the  proposition  as  made.  A  day  was  appointed  when  the  treaty 
should  be  consummated,  and  a  place  designated  where  they  would 
meet. 


FOLLOWS  KING  PETER  INTO  THE  INTERIOR.         43 

At  the  appointed. time,  Stockton,  accompanied  by  Dr.  Ayres.  a 
Croo  interpreter,  and  one  seaman,  Mr.  Nicholson,  of  New  Jersey, 
all  apparently  unarmed,  repaired  to  the  ground  selected  for  the  in 
terview.  But  when  they  arrived  no  Peter  was  visible ;  not  a  trace 
of  him  could  be  discovered  in  the  neighbourhood,  nor  any  of  his 
people.  Finally,  it  was  ascertained  that  he  had  gone,  with  all  his 
people,  twenty  miles  into  the  interior.  This  failure  to  keep  his 
appointment,  and  his  abrupt  departure,  wore  the  appearance  of 
King  Peter's  having  been  operated  upon  by  some  malign  influence, 
and  that  his  views  had  been  entirely  changed.  A  mulatto,  who  had 
seen  Stockton  at  Sierra  Leone,  was  suspected  to  be  the  agent  who 
had  thus  influenced  Peter.  The  mulatto  was  a  professional  slave- 
trader,  and  had  the  sagacity  to  see  that  if  the  Colonization  Society 
succeeded  in  purchasing  the  country,  it  would  break  up  his  traffic 
in  slaves.  The  mulatto,  it  was  understood,  had  recently  been  with 
Peter,  and  followed  him  into  the  interior.  After  some  deliberation, 
Stockton  resolved  to  pursue  Peter  and  hold  him  to  his  agreement 
at  all  hazards.  Unless  he  succeeded  now,  by  reason  of  Peter's  pre 
vious  agreement  to  sell,  he  foresaw  that  it  would  be  impossible  at 
any  future  time  to  acquire  any  hold  upon  him.  The  adventurous 
Anglo-Saxon,  when  he  obtains  a  foothold,  seldom  takes  "any  step 
backwards." 

Peter  had  left  word  for  Stockton  to  follow  him  to  his  retreat  in 
the  interior  "if  he  dare."  It  was  doubtless  an  enterprise  of  great 
risk.  The  route  to  it  lay  through  swamps  and  jungles,  where  the 
white  man  had  never  penetrated  before,  where  wild  beasts  fre 
quented,  and  where  savages  more  dangerous,  habituated  to  every 
atrocity,  were  the  only  inhabitants.  There  was  no  absolute  certainty 
that  their  reception  would  be  friendly,  or  that  it  would  lead  to  any 
useful  result.  They  would  place  themselves  completely  in  the  power 
of  a  savage  noted  for  his  treachery,  ferocity,  and  hatred  of  white 
men.  Notwithstanding  these  obvious  suggestions  of  the  peril  and 
objections  to  the  excursion,  Stockton  thought  it  was  his  duty  to 
proceed  while  there  existed  the  least  hope  of  success. 

Accordingly  they  struck  boldly  into  the  wilderness,  and,  after  a 
tedious  and  fatiguing  march,  came  to  the  village  where,  from  the 
numbers  collected,  they  believed  that  Peter  would  be  found.  Nu 
merous  groups  of  naked  negroes,  generally  pretty  well  armed,  were 
lounging  in  the  shade  of  the  palm-trees,  or  collected  in  groups,  and 
apparently  discussing  the  subject  which  had  brought  them  together. 
They  gazed  on  the  strangers  with  evident  indications  of  surprise, 
as  if  astonished  at  their  presumption  and  temerity,  and  seemed 


44  DANGEROUS   PALAVER. 

undetermined  whether  to  greet  them  as  friends  or  foes.  The  prin 
cipal  men  were  soon  apprised,  however,  of  the  object  of  the  new 
comers  and  their  desire  to  confer  with  the  king  in  council.  After 
some  senseless  ceremonials,  the  concourse  of  negroes,  exceeding 
five  hundred  in  number,  upon  a  signal  assembled  in  a  large  palaver- 
hall,  which  seemed  appropriated  for  the  use  of  such  convocations. 
Places  were  assigned  and  mats  spread  for  the  strangers.  After 
they  were  seated,  one  of  the  head-men  came  forward  and  shook 
them  by  the  hands  formally.  But  when  Peter  entered,  he  took  no 
notice  of  them,  but  proceeded  to  a  seat  farthest  removed  from  them 
and  sat  down — frowning  and  scowling,  and  evidently  prepared  to 
treat  the  intruding  negotiators  with  indignity,  if  not  outrage. 

After  an  interval,  one  of  the  chiefs,  with  whom  Stockton  had  been 
previously  acquainted,  arose  and  formally  presented  Stockton  to 
Peter.  His  reception  was  the  reverse  of  being  cordial  or  gracious. 
Nevertheless  he  assumed  the  appearance  of  being  much  pleased, 
and  with  great  coolness  seated  himself  on  the  throne  alongside  of 
Peter.  Peter  seemed,  however,  much  disturbed,  and  was  evidently 
in  an  ill  humour.  At  last,  unable  to  contain  himself  longer,  he 
demanded,  in  an  angry  tone,  the  business  of  the  strangers,  and  how 
they  dared  penetrate  thus  far  into  his  dominions,  where  white  men 
had  never  before  been  seen.  "Stockton  was  now  convinced  that 
Peter  had  been  incensed  against  him  by  some  enemy,  and,  seeing 
the  mulatto  in  the  crowd  to  whom  we  have  before  referred,  was 
satisfied  that  he  was  the  calumniator.  Through  the  mulatto,  Peter 
must  have  ascertained  all  about  the  object  of  his  visit.  He  there 
fore  determined  boldly  to  avow  his  real  character  and  design,  and 
convince  Peter  that  he  had  not  deceived  him.  Peter,  he  supposed, 
had  been  told  by  the  mulatto  that  Stockton  was  an  officer  of  the 
United  States,  and  he  naturally  concluded  that,  in  purchasing  land 
in  Africa,  the  United  States  intended  to  establish  a  colonial  sta 
tion  similar  to  that  in  Sierra  Leone,  and  that  the  cession  of  land 
was  not  sought  for  the  humane  purposes  represented  by  Stockton, 
but  for  those  of  national  aggrandizement. 

In  a  calm  but  decided  manner  he  admitted  that  he  was  a  naval 
officer,  but  insisted  that,  notwithstanding  the  suspicions  which  this 
fact  might  excite,  his  real  objects  were  such  as  he  originally  repre 
sented.  He  was  proceeding  to  explain  the  advantages  which  the 
natives  would  gain  by  such  a  settlement  of  their  civilized  country, 
in  their  neighbourhood,  as  he  had  frequently  before  described,  when 
the  mulatto  suddenly  rushed  up,  and,  clenching  his  fist  before 
him,  denounced  him  as  an  enemy  of  the  slave-trade,  and  as  having 


DANGEROUS    PALAVER.  45 

already  captured  several  slave-traders.  At  this  instant  the  whole 
multitude  of  armed  negroes  rose,  and  with  an  awful  yell  clanged 
their  instruments  of  war  together,  and  seemed  prepared,  with  any 
encouragement  from  their  chiefs,  to  rush  upon  Stockton  and  his 
party  and  cut  them  to  pieces.  It  appeared  to  Dr.  Ayres  that  the 
hour  for  martyrdom  had  arrived,  and  he  meekly  prepared  in  his  own 
mind  to  submit  to  the  fate  which  menaced  them,  and  in  silent  prayer 
lifted  up  his  thoughts  to  heaven.  But  a  few  seconds  elapsed  while 
the  hostile  demonstrations  were  made  which  it  has  required  so  much 
longer  to  relate.  But  instantly  thereafter,  almost  with  the  celerity 
of  intuition,  Stockton,  appreciating  the  danger  which  encompassed 
them,  decided  on  the  action  necessary  to  avert  the  impending  catas 
trophe.  With  that  clear,  ringing,  and  overpowering  tone  of  voice 
for  which,  it  is  said,  he  is  singularly  remarkable,*  he  commanded 
silence.  The  trumpet-sound  of  his  voice  rose  ascendant  over  the 
tumult  around.  The  multitude  were  hushed  as  if  by  a  thunderbolt 

*  We  are  indebted  to  the  late  Professor  ALBERT  B.  DOD,  of  Princeton  College,  for 
the  following  anecdote,  illustrative  of  the  peculiar  and  commanding  tones  of  Commo 
dore  Stockton's  voice : — 

A  serious  quarrel  existed  between  the  students  of  the  college  and  the  mechanics 
and  labouring  young  men  of  Princeton.  One  evening,  after  twilight,  a  collision  took 
place  between  some  of  the  parties,  which  called  out  the  entire  force  on  both  sides. 
They  were  marshalled  in  opposing  ranks  in  the  public  highway,  in  front  of  the  college 
edifice,  and,  in  a  high  state  of  excitement,  were  preparing  for  a  desperate  battle.  The 
civil  authorities  and  the  college  faculty  in  vain  interposed  to  restore  peace  and  avert 
the  apparently-inevitable  conflict,  which  must  have  had  a  bloody  issue,  as  many  on 
each  side  were  armed  with  pistols,  guns,  and  dirks.  The  numbers  about  to  engage  in 
the  fight  were  not  less  than  one  hundred  and  fifty  on  each  side.  Their  passions  were 
roused,  and  the  most  implacable  and  deadly  animosity  was  manifested  towards  each 
other.  As  the  riot  had  reached  that  point  when  blows  were  about  to  be  exchanged, 
the  Commodore  appeared  on  the  ground,  (having  been  sent  for  by  the  Professors.)  The 
combatants  were  drawn  up  on  each  side  of  the  turnpike,  and  were  stretched  along  a 
space  of  about  eighty  yards.  The  roar  of  three  hundred  angry  voices  produced  a  con 
fused  clamour,  which  seemed  to  defy  all  possibility  of  any  single  voice  rising  so  predo 
minant  in  sound  as  to  be  audible.  Yet  suddenly  the  well-known  clarion  tones  of  the 
Commodore's  voice  were  heard,  piercing  with  startling  pungency  every  ear  and  com 
manding  the  attention  of  every  hearer.  He  seemed  to  throw  his  voice  to  the  farthest 
extremity  of  the  crowd  with  as  much  distinctness  as  to  those  close  by  him.  Every 
man  on  the  ground  seemed  to  hear  it  as  addressed  to  himself.  It  arrested  at  once 
the  parties  on  both  sides,  and  brought  them  to  a  parley.  The  Commodore  passed 
down  through  the  file  of  young  men,  remonstrating  with  each  one  personally  on  his 
conduct,  and  insisting  upon  the  preservation  of  peace.  With  that  happy  faculty 
which  he  possesses  of  influencing  others  whenever  he  makes  a  serious  effort  for  that 
purpose,  he  soon  succeeded,  after  ascertaining  the  original  cause  of  the  quarrel,  in 
persuading  them  to  settle  and  compromise  their  whole  difficulties  on  terms  honourable 
and  acceptable  to  each  party. 


46  INTIMIDATES  THE  NATIVES. 

falling  among  them,  and  every  eye  was  turned  upon  the  speaker. 
Deliberately  drawing  a  pistol  from  his  breast  and  cocking  it,  he  gave 
it  to  Dr.  Ayres,  saying,  while  he  pointed  to  the  mulatto,  "  Shoot 
that  villain  if  he  opens  his  lips  again  !"  Then,  with  the  same  delibe 
ration,  drawing  another  pistol  and  levelling  it  at  the  head  of  King 
Peter,  and  directing  him  to  sit  silent  until  he  heard  what  was  to  be 
said,  he  proceeded  to  say,  in  the  most  solemn  manner,  appealing 
with  uplifted  hand  to  God  in  heaven  to  witness  the  truth  of  what  he 
said,  that  in  all  the  previous  conferences  with  King  Peter  and  the 
other  chiefs  he  had  told  them  nothing  but  the  truth;  that  they  came 
there  as  their  benefactors,  and  not  as  their  enemies,  to  do  them  good 
and  not  evil ;  that  their  mission  was  not  to  defraud  or  cheat  them, 
but  to  confer  on  them  and  their  country  inestimable  blessings ;  that 
King  Peter  might  now  murder  them,  but  that,  if  he  did  so,  God  on 
high,  who  was  now  looking  down  on  them,  would  punish  their  guilt 
with  almighty  vengeance  ;*  that  the  price  demanded  for  their  cession 
of  territory  had  been  conceded  without  abatement;  that  they  had 
entered  into  a  treaty  already;  its  particulars  were  agreed  upon,  and 
the  form  of  its  execution  only  remained  to  be  complied  with  ;  that, 
well  knowing,  from  the  dispositions  manifested,  that  if  they  did  not 
agree  to  execute  the  treaty  that  they  intended  to  kill  him  and  his 
party,  he  had  determined  that  King  Peter  himself  should  be  the  first 
victim,  and  that  unless  he  agreed  to  execute  the  treaty  on  the  follow 
ing  day  his  fate  was  fixed;  and,  moreover,  if  he  again  agreed  to 
ratify  the  treaty  and  failed  to  perform  his  duty,  he  might  expect  the 
worst  punishment  which  an  angry  God  could  inflict  on  him  and  his 
people. 

During  this  harangue,  delivered  through  an  interpreter,  the  whole 
throng,  horror-struck  with  the  danger  of  their  king  and  awed  by 
the  majesty  of  an  ascendant  mind,  sunk  gradually,  cowering  pros 
trate  to  the  ground.  If  they  had  believed  Stockton  to  be  an  imme 
diate  messenger  from  heaven,  they  could  not  have  quailed  and 
shrunk  and  humbled  themselves  to  more  humiliating  postures,  nor 
have  seemed  more  imploringly  submissive.  Like  true  savages,  the 
transition  in  their  minds  from  ferocity  to  abject  cowardice  was  sud 
den  and  involuntary.  King  Peter  was  quite  as  much  overcome  with 
fear  as  any  of  the  crowd ;  and  Stockton,  as  he  perceived  the  effect 


*  At  this  instant,  when  the  reference  to  God  was  made,  the  sun,  which  had  pre 
viously  been  veiled  with  a  dark  cloud,  burst  forth  in  full  radiance ;  and,  we  are  told, 
as  the  savages  observed  it,  they  appeared  to  be  convinced  that  Stockton  was  really 
invested  with  divine  authority. 


REPUBLIC    OF   LIBERIA.  47 

of  his  own  intrepidity,  pressed  the  yielding  mood  of  the  king  only 
with  more  sternness  and  vehemence. 

King  Peter,  with  all  the  chiefs  and  head-men,  agreed  and  pledged 
themselves,  with  the  utmost  sincerity,  that  they  would  repair  to  the 
place  originally  designated  for  the  execution  of  the  treaty,  on  the 
following  day,  and  execute  it. 

This  time  the  negroes  were  as  good  as  their  word.  At  the  ap 
pointed  time  and  place  the  treaty  was  duly  executed,  with  all  the 
usual  formalities. 

The  territory  thus  acquired  by  Lieutenant  Stockton  is  now  the 
flourishing  republic  of  Liberia.  The  American  Colonization  Society, 
as  soon  as  practicable  after  the  cession,  took  possession  of  the 
country,  and  established  their  settlement  of  colonists  near  the 
Cape  Mesurado,  on  St.  Paul's  River.  The  colony,  under  the  discreet 
management  of  the  parent  society,  has  annually  increased  by  immi 
gration,  and  spread  over  additional  territory  several  hundred  miles 
along  the  coast.  The  ultimate  success  of  the  scheme  can  no  longer 
be  questioned.  The  republic  of  Liberia — the  offspring  of  the  infant 
colony  at  Mesurado — now  embraces  a  population  of  200,000  people 
subject  to  its  free  and  Christianizing  influences. 

The  dark  and  hidden  mysteries  of  the  vast  continent  of  Africa 
may  yet,  through  the  agency  of  the  Liberians,  be  revealed,  and  the 
blessings  of  true  religion  and  civilization  be  extended  to  the 
benighted  millions  known  to  swarm  in  primeval  ignorance  and 
barbarity  throughout  its  sequestered  interior. 

The  name  of  Stockton  will  be  associated  in  history  with  the 
names  of  the  founders  of  this  prosperous  State,  for  to  his  courage, 
prudence,  and  valour,  its  original  acquisition  must  be  ascribed.* 

*  See  speeches  of  Commodore  Stockton  on  Colonization,  Appendix  E. 


48  SAILS   FOB,   THE   UNITED    STATES. 


CHAPTER  V. 

STOCKTON  SAILS  FOB.  THE  UNITED  STATES — CAPTURES  THE  MARRIANA  FLORA — PRO 
CEEDINGS  IN  COURT — SUPREME'  COURT  SUSTAINS  THE  CAPTURE — STOCKTON'S  IN 
STRUCTIONS  RESPECTING  THE  SLAVE-TRADE — HIS  OPINIONS  AS  TO  THERE  BEING 
NO  LEGAL  PROPERTY  IN  NEW-MADE  SLAVES  ON  THE  COAST  OF  AFRICA — CAPTURES 

THE    JEUNE    EUGENIE — PROCEEDINGS    IN    COURT CELEBRATED    OPINION    OF    JUDGE 

STORY,  SUSTAINING    THE    CAPTURE    ON  GROUNDS    OF    UNIVERSAL   JUSTICE     AND    THE 
LAW     OF     NATURE     AND     NATIONS FONDNESS    FOR    THE     SPORTS    OF     THE    TURF. 

SOON  after  the  purchase  of  the  territory  of  Liberia,  Lieutenant 
Stockton  sailed  for  the  United  States. 

While  on  the  coast  of  Africa,  or  going  from  or  returning  home, 
he  captured  several  vessels.  As  important  principles  of  the  law  of 
nations  were  involved  in  the  justification  of  these  captures,  and  as 
they  well  illustrate  the  moral  intrepidity,  sagacity,  and  other  dis 
tinguishing  traits  of  Stockton,  they  will  merit  the  careful  considera 
tion  of  the  reader.  On  the  5th  of  November,  1821,  as  the  Alligator 
was  pursuing  her  course  with  a  favourable  breeze,  a  strange  sail  was 
observed,  whose  course  when  first  seen,  if  continued,  would  have 
crossed  that  of  the  Alligator  nearly  at  right  angles,  long  before  the 
Alligator  had  arrived  at  the  point  of  intersection.  The  stranger, 
instead  of  continuing  her  course,  lay  to  at  that  point,  and  awaited 
the  approach  of  the  American  schooner.  She  showed  no  national 
colours,  but  had  a  flag  hoisted  in  the  usual  position  of  signals  of 
distress.  Stockton,  supposing  the  stranger  to  be  some  merchant 
man  short  of  water  or  provisions,  or  else  desirous  of  comparing 
longitude,  directed  a  barrel  of  pork  and  several  casks  of  water  to 
be  got  up  in  readiness,  so  that  no  unnecessary  delay  might  be 
incurred.  Having  given  these  orders,  he  went  below  to  the  cabin 
and  sat  down  to  work  up  his  longitude  to  that  moment  of  time. 
While  thus  engaged,  he  heard  a  shot  pass  through  his  mainsail. 
Immediately  dropping  his  pen,  he  returned  to  his  deck,  and  found 
the  Alligator  within  gunshot  of  a  vessel  evidently  larger,  and,  judging 
from  the  size  of  the  shot  which  had  perforated  the  mainsail,  carry 
ing  a  much  heavier  armament  than  the  Alligator. 

Stockton  told  his  men  to  put  the  provisions  and  water  they  had  on 
deck  below,  and  bring  up  the  shot,  which  he  said  was  better  adapted 
to  the  occasion,  and  then  ordered  them  to  quarters.  The  Alii- 


CAPTURE    OF   THE   MARRIANNA   FLORA.  49 

gator's  guns  were  of  no  use  at  the  distance  at  which  she  was  when 
the  stranger  commenced  the  attack.  Stockton,  having  shotted  his 
guns,  to  avoid  the  raking  shot  of  the  enemy  made  all  his  men  lie 
flat  on  deck.  Having  thus  secured  his  men,  Stockton,  in  full  uni 
form,  took  his  seat  on  the  hammock-cloths  and  guided  the  vessel, 
and  in  this  manner  approached  his  adversary  without  firing  a  shot. 

The  wind  was  light  and  baffling,  sometimes  entirely  dying  away 
and  then  again  slightly  breezing  up.  For  several  hours  he  was 
thus  the  target  of  the  stranger,  who  kept  up  an  uninterrupted  fire, 
cutting  the  sails  and  rigging  of  the  Alligator  and  wounding  several 
men. 

Just  as  the  Alligator  had  got  within  pistol-shot,  the  purser  of  the 
ship  ran  up  to  Stockton,  and  said  that  the  strange  vessel  had 
hoisted  Portuguese  colours.  "Very  well,"  said  Stockton;  "then 
we'll  make  her  haul  them  down  again."  And  now,  having  got 
sufficiently  near  for  the  guns  of  the  Alligator  to  do  the  required 
work,  and  having  reached  a  position  in  which  they  could  rake  the 
enemy's  deck,  they  poured  forth  a  volley  which  swept  out  of  sight 
every  living  object  on  the  stranger's  upper-works, —  her  men  who 
were  unhurt  quitting  their  guns  and  running  below.  The  Alligator 
then,  luffing  round,  delivered  her  whole  broadside,  repeating  broad 
side  after  broadside,  until,  after  twenty  minutes,  the  flag  of  the 
stranger  was  struck. 

On  being  hailed,  her  captain  came  on  deck  and  informed  Stockton 
that  his  prize  was  the  Portuguese  letter-of-marque  Marrianna 
Flora,  of  twenty-two  guns.  Being  ordered  aboard  the  Alligator,  he 
said,  in  excuse  for  his  attack,  that  he  supposed  her  to  be  a  pirate. 
Stockton  asked  him  why  he  had  not  taken  the  trouble  to  inform 
himself  of  the  character  of  the  Alligator,  and  why  he  showed 
colours  of  distress?  To  these  questions  the  Portuguese  captain 
could  give  no  satisfactory  reply.  Stockton  was  of  opinion,  upon  a 
full  consideration  of  all  the  circumstances,  that  the  Portuguese  had 
intended  to  commit  an  act  of  piracy,  and  that  if  the  Alligator  had 
been  an  unarmed  merchantman  she  would  have  been  captured  and 
plundered.  He  determined,  therefore,  to  put  a  prize  crew  on  the 
Marrianna  Flora  and  send  her  to  the  United  States. 

We  may  here  state  that,  when  the  case  came  before  the  District 
Court  of  the  United  States  at  Boston,  Stockton  not  being  there  to 
give  the  suit  his  attention,  the  capture  was  declared  illegal,  the 
Marrianna  Flora  ordered  to  be  surrendered  to  the  representatives 
of  her  owner,  and  damages  awarded,  to  a  large  amount.  As  soon 
as  Stockton  heard  of  this  result,  he  appealed  to  the  Circuit  Court 


50  PROCEEDINGS   IN    COURT. 

of  the  United  States,  and  engaged  Mr.  Webster  to  conduct  his 
cause.  The  judgment  of  the  District  Court  was  reversed.  The 
case  was  then  taken  up  to  the  Supreme  Court  of  the  United  States, 
and  the  decision  of  the  Circuit  Court  sustained.  The  report  of  the 
case  will  be  found  in  11  Wheaton.  The  Marrianna  Flora  was, 
however,  ultimately  given  up  on  application  from  the  Portuguese 
government.  She  was  surrendered  from  comity,  and  not  on  the 
ground  that  her  capture  was  not  legal  or  proper. 

Judge  Story,  delivering  the  opinion  of  the  Supreme  Court  in  re 
lation  to  the  case  of  the  Marrianna  Flora,  says,  (11  Wheaton,  p.  50,) 
"  Upon  the  whole,  we  are  of  opinion  that  the  conduct  of  Lieu 
tenant  Stockton,  in  approaching  and  ultimately  in  subduing  the 
Marrianna  Flora,  was  entirely  justifiable.  The  first  wrong  was  done 
by  her;  and  his  own  subsequent  acts  were  a  just  defence  and  vindi 
cation  of  the  rights  and  honour  of  his  country."  "  If,  (p.  52,)  Lieu 
tenant  Stockton  had  acted  with  gross  negligence  or  malignity,  and 
with  a  wanton  abuse  of  power,  there  might  be  strong  grounds  on 
which  to  rest  this  claim  of  damages.  But  it  is  conceded  on  all 
sides,  and  in  this  opinion  the  court  concurs,  that  he  acted  with 
honourable  motives  and  from  a  sense  of  duty  to  his  government. 
He  thought  the  aggression  was  piratical,  and  that  it  was  an  indig 
nity  to  the  national  flag  utterly  inexcusable. 

"  We  are  then  to  consider  the  real  difficulties  of  Lieutenant 
Stockton's  situation.  An  attack  had  been  made  upon,  a  national 
ship  under  his  command,  without  cause.  It  was  a  hostile  act, — an 
indignity  to  the  nation  and  trespass  upon  its  rights  and  sovereignty. 
It  was  not  an  accidental,  but  a  meditated  act,  not  necessarily  carry 
ing  its  own  excuse  along  with  it,  but  susceptible  of  different  inter 
pretations.  It  was  not  an  affair  in  which  he  was  at  liberty  to  con 
sult  his  own  wishes  or  honour  merely ;  although  a  brave  and  distin 
guished  officer  might  naturally  feel  some  solicitude  to  preserve  his 
high  reputation  untarnished  in  the  eyes  of  his  government.  He 
was  bound  to  look  to  the  rights  of  his  country.  He  might  well 
hesitate  in  assuming  the  arbitration  of  national  wrongs.  He  might 
well  feel  a  scrupulous  delicacy  in  undertaking  to  waive  any  claim 
which  the  government  had  authority  to  enforce ;  or  to  defeat  any 
redress  which  it  might  choose  to  seek ;  or  to  prevent  any  inquiries 
which,  through  its  established  tribunals,  it  might  think  fit  to  institute 
in  respect  to  his  conduct  or  that  of  the  offending  vessel.  Considera 
tions  of  this  nature  could  not  but  weigh  heavily  upon  the  mind  of 
a  gallant  officer ;  and  they  are  not  unfit,  to  be  entertained  by  this 
court  in  forming  its  own  judgment. 


CAPTURE   OF   THE   JEUNE   EUGENIE.  51 

"  It  is,  also,  further  to  be  observed  that  the  case  was  confessedly 
new  in  its  character  and  circumstances.  The  researches  of  counsel, 
throughout  the  progress  of  this  protracted  controversy,  have  not 
discovered  any  case  which,  in  point  of  law,  can  govern  this.  If  it 
is  new  here,  it  may  well  be  deemed  to  have  been  new  and  embarrass 
ing  to  Lieutenant  Stockton.  In  such  a  case,  it  is  not  matter  of 
surprise  that  he  should  come  to  the  conclusion  that  it  was  not  proper 
to  take  upon  himself  the  responsibility  of  a  final  decision,  but  to 
confide  the  honour  of  the  nation,  as  well  as  the  rights  of  the  other 
party,  to  judicial  decision.  No  inference  is  attempted  to  be  drawn 
that  his  acts  were  intentionally  oppressive  and  harsh ;  and  it  would 
be  going  a  great  way  to  declare  that  an  exercise  of  honest  discre 
tion,  in  a  case  of  wrong  on  the  other  side,  ought  to  draw  after  it  the 
penalty  of  damages." 

On  a  subsequent  cruise  in  the  Alligator  on  the  coast  of  Africa, 
Stockton  captured  the  Jeune  Eugenie,  a  French  slaver.  His  in 
structions  directed  him  to  capture  all  vessels,  sailing  under  the 
American  flag,  found  engaged  in  prosecuting  the  slave-trade. 
But  he  discovered  that,  if  he  confined  himself  to  the  letter  of  his 
instructions,  his  presence  there  was  of  no  sort  of  use;  as  every 
slaver,  as  soon  as  the  Alligator  was  seen,  was  sure  to  exhibit  any 
other  colour  but  the  American.  Upon  full  reflection,  he  came  to  the 
conclusion  that  slaves  on  that  coast,  found  on  any  vessel  bound  to 
the  several  slave-markets,  could  not  be  lawfully  claimed  as  property 
by  those  who  held  them  in  custody.  They  were  held  in  durance  in 
violation  of  the  law  of  nature  and  of  the  civilized  world ;  and  the 
vessel  which  held  them  could  be  protected  by  the  flag  of  no  country 
which  had  prohibited  the  slave-trade.  A  vessel  with  white  men  in 
their  situation,  forcibly  torn  from  their  country,  and,  against  their 
consent,  being  transported  to  be  sold  as  slaves,  no  matter  by  what 
flag  covered,  would,  in  his  estimation,  be  lawful  prize  to  any  ship-of- 
war  belonging  to  any  civilized  nation  which  cherished  or  respected 
the  laws  of  God  and  humanity.  The  fact  of  the  slaves  on  this  coast, 
thus  borne  away  by  rapine  and  violence,  being  African  negroes,  in 
no  degree  modified  the  fundamental  principles  of  justice  applicable 
to  the  circumstances  of  the  case.  Firmly  believing  the  sound 
ness  of  these  principles,  he  was  determined  that  they  should  be 
tested  in  the  courts  of  the  United  States.  The  Jeune  Eugenie  was 
captured,  therefore,  though  not  sailing  under  the  American  flag. 
She  was  captured  on  the  ground  that  her  cargo  and  her  voyage 
made  her,  ipso  facto,  a  pirate.  The  nation  whose  flag  she  boro 
had  interdicted  the  slave-trade;  and  that  flag,  therefore,  could  not 


52  CELEBRATED    DECISION    OF    JUDGE    STORY. 

protect  her  in  a  trade  declared  to  be  illegal  by  the  government  of 
the  country  to  which  she  belonged.  At  the  time  he  sent  the  Jeune 
Eugenie  to  the  United  States,  Stockton  wrote  a  letter  to  Mr.  Web 
ster,  in  which  he  set  forth  briefly  the  principles  of  law  by  virtue 
of  which  he  believed  the  capture  justifiable.  "We  have  been  informed 
that  Mr.  Webster  has  said  that  he  argued  the  case  of  the  Jeune  Eu 
genie  from  this  letter  as  his  brief.  The  opinion  of  the  Circuit 
Court  of  the  United  States,  sustaining  the  capture  of  this  vessel, 
has  long  been  celebrated  for  the  broad  and  enlightened  doctrines  of 
humanity  and  justice  which  it  declared  and  vindicated.  It  will  be 
found  in  2  Mason's  C.  C.  Keports.  Judge  Story,  who  delivered  the 
opinion  of  the  court,  thus  enunciates  those  broad  principles  of  na 
tional  law  on  which  Lieutenant  Stockton  justified  the  capture  of  the 
Jeune  Eugenic: — 

"Now,  in  respect  to  the  African  slave-trade, — such  as  it  has  been 
described  to  be,  and  in  fact  is,  in  its  origin,  progress,  and  consum 
mation, — it  cannot  admit  of  serious  question  that  it  is  founded  in 
a  violation  of  some  of  the  first  principles  which  ought  to  govern 
nations.  \  It  is  repugnant  to  the  great  principles  of  Christian  duty, 
the  dictates  of  natural  religion,  the  obligations  of  good  faith  and 
morality,  and  the  eternal  maxims  of  social  justice.  \  When  any 
trade  can  be  truly  said  to  have  these  ingredients,  it  is  impossible 
that  it  can  be  consistent  with  any  system  of  law  that  purports  to 
rest  on  the  authority  of  reason  or  revelation ;  and  it  is  sufficient  to 
stamp  any  trade  as  interdicted  by  public  law,  when  it  can  be  justly 
affirmed  that  it  is  repugnant  to  the  general  principles  of  justice  and 
humanity. 

"  It  is  of  this  traffic,  thus  carried  on  and  necessarily  carried  on, 
beginning  in  lawless  wars  and  rapine  and  kidnapping,  and  ending 
in  disease  and  death  and  slavery — it  is  of  this  traffic,  in  the  aggre 
gate  of  its  accumulated  wrongs,  that  I  would  ask  if  it  be  consistent 
with  the  law  of  nations.  It  is  not  by  breaking  up  the  elements  of 
the  case  into  fragments,  and  detaching  them  one  from  another,  that 
we  are  to  be  asked  of  each  separately  if  the  law  of  nations  prohibits 
it.  We  are  not  to  be  told  that  war  is  lawful,  and  slavery  lawful, 
and  plunder  lawful,  and  the  taking  away  of  life  is  lawful,  and  the 
selling  of  human  beings  is  lawful.  Assuming  that  they  are  so  under 
circumstances,  it  establishes  nothing;  it  does  not  advance  one  jot 
to  the  support  of  the  proposition  that  a  traffic  that  involves  them 
all,  that  is  unnecessary,  unjust  and  inhuman,  is  countenanced  by 
the  eternal  law  of  nature  on  which  rests  the  law  of  nations. 

"I  think,  therefore,  that  I  am  justified  in  saying  that  at  the 


CRUISE   AGAINST   THE   WEST   INDIA    PIRATES.  53 

present  moment  the  traffic  is  vindicated  by  no  nation,  and  is  ad 
mitted  by  almost  all  commercial  nations  as  incurably  unjust  and 
inhuman.  It  appears  to  me,  therefore,  that,  in  an  American  court 
of  judicature,  I  am  bound  to  consider  the  trade  an  offence  against 
the  universal  law  of  society,  and,  in  all  cases  where  it  is  not  pro 
tected  by  a  foreign  government,  to  deal  with  it  as  an  offence  carry 
ing  with  it  the  penalty  of  confiscation. 

"After  listening  to  the  very  able,  eloquent,  and  learned  argu 
ments  delivered  at  the  bar  on  this  occasion, — after  weighing  the 
authorities  which  bear  on  the  case  with  mature  deliberation, — after 
reflecting  anxiously  and  carefully  upon  the  general  principles  which 
may  be  drawn  from  the  law  of  nations  to  illustrate  or  confirm  them, 
I  have  come  to  the  conclusion  that  the  slave-trade  is  a  trade  pro 
hibited  by  universal  law  and  by  the  law  of  France ;  and  that, 
therefore,  the  claim  of  the  asserted  French  owners  must  be  re 
jected." 

Lieutenant  Stockton  was  the  first  in  the  United  States  who  ever 
asserted  and  acted  upon  these  broad  and  fundamental  principles 
of  natural  law.  It  was  a  bold  and  decided  assumption  of  responsi 
bility,  which  was  as  creditable  to  his  moral  courage  as  to  the  accu 
racy  of  his  perceptions  of  justice. 

On  his  return  from  his  second  cruise  on  the  coast  of  Africa, 
Stockton  was  ordered  to  the  West  Indies,  to  check  the  depredations 
of  the  numerous  pirates  then  cruising  in  the  neighbouring  seas. 
This  duty  he  performed  with  all  the  ardour,  vigour,  and  enterprise 
by  which  his  character  was  distinguished. 

The  pirates,  whose  residence  was  on  the  coast  of  Cuba,  would  lie 
in  wait  along-shore  for  their  prey,  and,  whenever  a  vessel  was  dis 
covered  upon  which  they  could  bring  to  bear  superior  numbers, 
they  would  put  off  in  their  boats,  surprise  and  murder  the  crew, 
and  take  possession  of  the  ship.  Stockton  believed  that  the  only 
true  course  to  contend  with  such  outlaws  was  to  pursue  them  on 
shore  and  extirpate  them  wherever  found.  If  the  Spanish  authori 
ties  were  unable  to  restrain  the  inhabitants  of  Cuba  from  such 
atrocities,  they  had  no  reason  to  complain  if,  in  hot  pursuit,  their 
shores  were  invaded  for  the  purpose  of  chastising  the  enemies  of 
all  mankind. 

Stockton,  accordingly,  whenever  he  discovered  a  piracy  to  be  com 
mitted,  and  had  made  pursuit  of  the  perpetrators,  invariably  followed 
them  ashore,  and  hunted  them  down  to  their  dens  and  hiding-places. 
In  this  way  he  gave  a  serious  check  to  their  nefarious  depredations, 
and  inspired  them  with  a  salutary  terror  of  American  retribution. 


54  FONDNESS   FOR   THE   SPORTS   OF   THE   TURF. 

Returning  to  the  United  States,  he  was  ordered  South,  with  a 
party  to  survey  the  Southern  Coast,  in  1823-4.  While  thus  en 
gaged,  he  was  married,  at  Charleston,  South  Carolina,  to  Miss  Maria 
Potter,  only  daughter  of  the  late  John  Potter. 

In  1826,  after  continuing  in  service  for  near  sixteen  years  with 
out  furlough  or  leave  of  absence,  he  considered  himself  entitled  to 
some  repose.  He  accordingly  settled  at  Princeton,  New  Jersey, 
and,  in  consideration  of  his  long-continued  and  arduous  services, 
was  suffered  by  the  Department  to  remain  at  home  for  some  time, 
though  not  actually  on  furlough. 

One  of  his  first  acts  upon  his  return  to  New  Jersey  was  the 
organization  of  the  New  Jersey  Colonization  Society,  of  which  he 
was  the  first  president.  This  Society  still  exists  in  flourishing  con 
dition,  and  has  been  the  means  of  great  usefulness  to  the  colony  of 
Liberia.  It  has  recently  received  liberal  assistance  from  the  Legis 
lature  of  the  State ;  and  it  may  be  said,  without  exaggeration,  that 
there  is  no  State  in  which  the  colonization  cause  has  warmer  friends, 
or  where  it  is  more  popular. 

At  this  period  of  his  life  Captain  Stockton  indulged  in  the  plea 
sures  of  the  turf.  He  imported  from  England  some  of  the  finest 
stock  of  blooded  horses  which  have  been  introduced  into  the  country. 
Their  progeny  still  maintain  by  their  general  success  the  reputation 
and  value  of  their  sires.  Among  the  most  celebrated  of  his  importa 
tions,  it  is  only  necessary  to  name  Trustee,  Langford,  and  Diana. 
Captain  Stockton  is  supposed  to  have  been  quite  successful  on  the 
turf. 

Langford,  one  of  his  favourite  horses,  won  a  produce-stake  of  ten 
thousand  dollars,  on  the  Washington  course,  over  a  good  field  of 
horses,  among  which  was  said  to  be  a  famous  racer  of  General  Jack 
son  while  he  was  President,  though  he  was  known  as  the  owner  only 
to  a  few  of  the  initiated. 

The  sportsmen,  familiar  with  the  merits  of  General  Jackson's 
horse,  were  confident  of  success,  and  bet  high  in  his  favour.  A  few 
days  before  the  race,  Captain  Stockton's  trainer  fell  sick,  and,  un 
able  to  supply  his  place,  the  captain  came  on  himself  and  took  the 
place  of  the  trainer,  superintending  minutely  the  grooming  of  his 
horse  until  the  day  of  the  race.  A  day  or  two  before  the  race, 
Langford  had  the  ill  luck  to  fall  lame  suddenly  while  galloping 
around  the  course.  These  incidents  inspired  the  friends  of  his 
competitors  with  additional  confidence ;  and,  though  the  lameness 
disappeared  immediately  after  its  cause  was  ascertained,  (a  piece  of 


SUCCESS  OF  STOCKTON'S  HORSE.  55 

gravel,)  and  was  removed,  the  jockeys  pretty  generally  bet  on  the 
General's  horse. 

An  immense  concourse  of  people  assembled  on  the  race-course  on 
the  day  of  trial.  The  President's  horse  was  the  general  favourite, 
and  odds  were  freely  given  by  those  who  bet  on  the  field.  So  con 
fident  were  those  who  bet  on  the  General's  horse  of  his  success,  that 
the  floor  of  the  ballroom,  where  the  annual  ball  of  the  season  was 
given,  was  ornamented  with  a  full-length  portrait  of  the  horse.  To 
the  astonishment  of  the  crowd,  however,  Captain  Stockton's  horse 
proved  to  be  the  winner. 

After  Stockton's  sudden  and  unexpected  departure  for  the  Pacific 
in  1845,  and  during  his  absence  in  California,  his  stud  was  broken 
up  and  all  his  racers  sold,  and,  we  believe,  ever  since  he  has  en 
tirely  relinquished  the  sports  of  the  turf. 


56  REORGANIZATION    OF   POLITICAL    PARTIES. 


CHAPTER  VI. 

REORGANIZATION    OP    PARTIES    IN    1826-7 — INDEPENDENT    ACTION    OF    MR.   STOCKTON 

HIS  RECTITUDE  AS  A  POLITICIAN — THE  FEDERALISTS — HIS  OPINIONS  OF  THEIR  PRO 
SCRIPTION — MR.  ADAMS  PLEDGES  NOT  TO  PROSCRIBE — GENERAL  JACKSON'S  ADVICE 

TO   MR.   MONROE — STATE  OF  PARTIES   IN  NEW  JERSEY STATE   DEMOCRATIC   CONVEN- 

HON — MR.  STOCKTON  APPOINTED  A  DELEGATE — HIS  PROMPT  PUNISHMENT  OF  AN 
INSULT— CONVENTION  DISSOLVED — SUCCESS  OF  THE  ADAMS  TICKET — MR.  ADAMS'S 
TIOLA-TION  OF  HIS  PLEDGES — MR.  STOCKTON  DENOUNCES  HIM — SUPPORTS  GENERAL 

JACKSON    IN  1828 CONSTRUCTION    OF   DELAWARE   AND  RARITAN  CANAL — FINANCIAL 

DIFFICULTIES — MR.  STOCKTON  GOES  TO  LONDON  AND  SECURES  A  LOAN — MR.  STOCK 
TON  AN  ANTI-MONOPOLIST — CANAL  COMPLETED — ITS  NATIONAL  IMPORTANCE — NEW 

JERSEY  INTERNAL  IMPROVEMENTS — TRANSIT  DUTIES NO  TAX  ON  CITIZENS  OF  OTHER 

STATES — PARALLEL  BETWEEN  MR.  STOCKTON  AND  DE  WITT  CLINTON — LETTER  ON 
PUBLIC  WORKS. 

THE  years  1826-7  were  distinguished  by  the  incipient  reorganiza 
tion  of  parties  on  a  basis  somewhat  different  from  that  on  which 
they  had  previously  stood.  A  new  era  in  the  political  history  of 
the  United  States  now  commenced.  From  the  administration  of 
General  Washington  to  the  Treaty  of  Ghent,  the  Federal  and  Demo 
cratic  parties  were  at  issue  chiefly  in  relation  to  our  foreign  policy. 
But,  after  the  restoration  of  peace  in  1815,  new  questions  arose,  and 
in  a  few  years  the  old  lines  of  political  difference  were  in  a  great  mea 
sure  obliterated.  As  it  respects  these  new  questions — relating  to 
the  encouragement  of  domestic  manufactures  and  the  prosecution 
of  internal  improvements — Federalists  and  Democrats  concurred  or 
differed  without  reference  to  party.  The  representatives  of  the 
commercial  interests  of  the  North  acted  in  co-operation  with  the 
South ;  while  the  great  body  of  politicians  who  represented  the  in 
terior  districts  of  the  Northern  and  Middle  States,  together  with 
those  from  the  West,  sustained  the  policy  of  protection  and  that  of 
the  prosecution  of  internal  improvements.  During  the  whole  of 
Mr.  Monroe's  eight  years'  administration,  notwithstanding  this  state 
of  things,  and  notwithstanding  the  Federal  party  had  ceased  all 
opposition  to  the  government,  and  had  entirely  relinquished  its 
national  organization,  nevertheless  Federalists  continued  to  be  ex 
cluded  from  office,  and  were  as  rigidly  proscribed  by  the  State 
governments  which  were  controlled  by  the  Democrats,  as  if  they 
were  still  acting  in  open  hostility  to  the  Democratic  party. 


JACKSON'S  ADVICE  TO  MONROE.  57 

The  consequence  of  the  dissolution  of  national  parties  then  was 
the  same  as  that  which  has  followed  the  dissolution  of  national 
parties  in  our  own  times.  Geographical  preferences  and  sectional 
animosities  soon  divided  politicians  who  had  before  acted  in  concert. 

The  succession  to  the  Presidency,  in  the  latter  part  of  Mr.  Monroe's 
administration,  became  the  absorbing  subject  of  political  attention. 
The  candidates  for  the  Presidency  in  1824  were  all  members  of  the 
Democratic  party,  distinguished  for  talents  and  their  public  services ; 
but  they  were  all  candidates  supported  principally  by  that  section 
of  country  in  which  they  had  resided.  The  presidential  contest  of 
1824  was,  with  some  slight  exceptions,  a  sectional  contest,  in  which 
the  recent  differences  between  Federalists  and  Democrats  were  to 
tally  disregarded.  The  North  presented  Mr.  Adams ;  the  South 
brought  forward  Mr.  Crawford  and  Mr.  Calhoun,  though  the  latter 
soon  retired  from  the  controversy  in  favour  of  General  Jackson,  who 
was  a  native  of  the  same  State  as  Mr.  Calhoun.  The  Southwest 
and  West  were  divided  between  General  Jackson  and  Mr.  Clay. 
The  proneness  of  the  people  to  geographical  divisions  is,  therefore, 
strikingly  illustated  by  this  portion  of  our  political  history. 

Mr.  Adams,  although  extremely  obnoxious  to  the  Federal  party, 
which  he  left  soon  after  it  fell  into  the  minority,  notwithstanding, 
derived  his  chief  support  from  those  very  States  of  New  England 
in  which  the  Federal  party  had  always  been  most  powerful ;  and 
the  caucus  nomination  of  the  Democratic  party,  though  made  in 
strict  conformity  with  Democratic  usages,  was  treated  with  contempt 
by  a  large  majority  of  those  who  had  always  been  recognised  as 
the  leaders  and  oracles  of  that  party.  The  caucus  nominee,  Mr. 
Crawford,  received  the  smallest  number  of  votes  of  any  candidate 
who  was  returned  to  Congress  to  be  voted  for  by  that  body.  The 
sectional  preferences  of  the  people  over  rode  all  other  considerations, 
and  entirely  ignored  the  obligations  of  party.  As  we  have  ob 
served,  we  are  witnessing  this  political  phenomenon  in  our  day. 

Mr.  Adams  received  in  the  New  England  States  the  united  sup 
port  of  Federalists  and  Democrats.  In  the  Middle  States,  however, 
especially  in  New  Jersey,  a  large  number  of  Federalists  supported 
General  Jackson.  The  grounds  for  this  preference  of  the  Federal 
ists  (there  being  no  candidate  for  the  Presidency  residing  in  any  of 
those  States)  was  the  celebrated  letter  of  General  Jackson  to  Mr. 
Monroe,  advising  him  to  appoint  a  Federalist  as  a  member  of  his 
cabinet,  and,  as  the  Federalists  were  no  longer  organized  as  an  oppo 
sition  party,  to  receive  into  his  confidence  meritorious  statesmen 
who  had  formerly  belonged  to  the  Federal  party.  This  advice  of 


58  STOCKTON'S  KECTITUDE  AS  A  POLITICIAN. 

General  Jackson,  far  in  advance  of  the  public  sentiment  of  his 
party,  was  dictated  by  those  enlarged,  patriotic,  and  magnanimous 
feelings  which  have  contributed  quite  as  much  as  his  achievements 
in  the  field  to  exalt  our  estimate  of  his  abilities  and  virtues. 

In  order  to  secure  his  election  by  the  House  of  Representatives, 
it  became  necessary  for  Mr.  Adams  to  give  pledges  that  he  would 
abolish  the  proscription  of  the  Federalists.  The  balance  of  power 
in  Congress  was  held  in  the  representation  of  three  States  by  Fede 
ralists.  The  votes  of  these  gentlemen  could  have  elected  General 
Jackson  as  well  as  Mr.  Adams.  Mr.  Adams,  it  is  charged,  gave  the 
necessary  pledges,  and  was  elected. 

An  opposition  was  immediately  organized  against  the  administra 
tion  of  Mr.  Adams,  and  a  disposition  manifested  to  oppose  it  with 
out  regard  to  its  measures  or  principles. 

It  became  obvious  to  all  who  were  acquainted  with  Captain 
Stockton,  as  he  was  then  called,  that  a  man  of  his  activity  of  mind, 
decision,  and  force  of  character,  would  soon  obtain  weight  and 
consideration  among  the  people  when  he  became  known  to  them. 
Efforts  were  very  naturally  made,  therefore,  by  leading  politicians, 
to  enlist  him  in  their  respective  parties. 

The  conduct  of  Stockton  at  this  period  of  his  life,  when  called 
upon  for  the  first  time  to  act  with  reference  to  politics  by  the  soli 
citations  of  distinguished  politicians,  strikingly  illustrates  one  re 
markable  feature  of  his  character,  and  that  is,  his  complete  inde 
pendence.  If  there  is  a  man  who  invariably  decides  all  important 
questions  respecting  his  own  course  of  action  for  himself,  it  is  Com 
modore  Stockton.  He  is  influenced  neither  by  friend  nor  foe,  nor 
by  his  interests,  and  much  less  by  his  fear  of  consequences,  in 
making  up  his  mind  to  do  what  he  considers  proper.  When  called 
upon  to  act,  he  is  only  solicitous  to  know  what  is  right,  what  is  con 
sistent  with  honour,  duty,  and  patriotism,  and  he  decides  without 
reference  to  the  consequences  as  they  may  affect  himself,  whether 
for  good  or  for  evil. 

He  had  never  participated  in  the  fierce  conflicts  so  acrimoniously 
conducted  between  the  Federalists  and  Democrats.  He  had  entered 
the  navy  at  a  period  of  life  which  precluded  the  indulgence  of  any 
sympathy  with  political  parties.  When  he  returned  to  his  country, 
he  found  that,  although  the  Federalists  had  ceased  all  opposition  to 
successive  Democratic  administrations,  they  were  still  proscribed  as 
if  they  were  aliens ;  all  offices  of  distinction  were  closed  upon 
them.  In  New  Jersey,  the  effect  was  the  proscription  of  the  most 
talented  and  patriotic  men  in  the  State.  In  the  State  of  New 


MR.  ADAMS   PLEDGES   NOT   TO   PROSCRIBE.  59 

Jersey,  the  course  of  the  Federalists  during  the  war  of  1812  had 
not  been  factious.  Many  of  them  had  volunteered  and  nobly 
stepped  into  the  ranks  of  the  army  or  militia  at  the  first  appearance 
of  danger.  He  thought  that  the  continued  proscription  of  such 
men  was  unjust  and  injurious  to  the  country.  Accordingly,  when 
solicited  to  espouse  the  cause  of  Mr.  Adams,  his  first  response  was 
that  he  would  support  no  administration  which  would  not  raise  the 
ban  of  that  odious  proscription  which  ostracized  from  the  public 
service  the  men  who  were  among  the  founders  and  fathers  of  the 
republic.  He  was  informed  by  gentlemen  in  the  confidence  of  the 
President  that  it  was  his  intention  no  longer  to  recognise  the  dis 
tinction  of  Federalist  and  Democrat.  Mr.  Adams,  he  was  informed, 
owed  his  election  to  his  having  given  such  a  distinct  pledge.  It 
was  said  in  the  cotemporary  papers  that  a  letter  containing  in  black 
and  white  that  pledge*  of  Mr.  Adams  was  submitted  to  Captain 
Stockton. 

He  had  the  sagacity,  however,  to  perceive  that,  though  Mr.  Adams 
had  given  such  a  pledge,  it  was  by  no  means  certain  that  he  had  the 
moral  courage  to  redeem  it.  He  had  called  no  Federalist  into  his 
cabinet,  nor  had  he  in  any  way  given  any  evidence  of  his  disposition 
to  observe  it  by  any  of  his  appointments.  It  was  evident  that  par 
ties  were  in  a  state  of  transition,  and  no  peculiar  principles  had  yet 
(in  the  spring  of  1826)  been  developed,  either  by  the  administration 
of  Mr.  Adams  or  by  his  opponents,  which  would  justify,  in  the 
opinion  of  Stockton,  his  attaching  himself  to  one  or  the  other  pre 
maturely.  He  would  not,  therefore,  enlist  in  favour  of  Mr.  Adams's 
re-election  nor  for  the  election  of  General  Jackson.  He  took  the 
position  that  Mr.  Adams's  administration  should  be  tested  by  its 
merits,  and  explicitly  protested  that  any  support  he  might  give  his 
administration  should  not  preclude  his  opposing  the  re-election  of  the 
incumbent  if  his  measures  or  principles  should  prove  justly  obnoxious 
to  censure. 

In  order  that  his  peculiar  position  might  be  vindicated,  if  ne 
cessary,  he  established  a  newspaper  at  Princeton,  in  the  columns  of 
which  he  declared  that  his  support  of  Mr.  Adams  was  contingent  on 
his  good  behaviour  in  office.  Many  of  the  leading  editorial  articles 
in  that  paper  were  written  by  Captain  Stockton,  and  exercised  an 
important  influence  on  public  opinion  in  New  Jersey. 

For  many  years  a  Democratic  State  convention  had  assembled 
biennially  at  Trenton,  for  the  purpose  of  nominating  candidates  for 

*  See  National  Gazette,  edited  by  Robert  Walsh,  for  the  fall  of  1826. 


60  STATE   DEMOCRATIC    CONVENTION   OP   NEW   JERSEY. 

Congress,  to  be  voted  for  on  a  general  ticket.  The  ticket  thus  nomi 
nated  was  always  sure  to  be  elected,  such  was  the  decided  prepon 
derance  of  the  Democratic  party. 

In  the  year  1826,  this  convention  assembled  in  August,  and  the 
supporters  of  Adams  and  of  Jackson  respectively  made  great  exer 
tions  to  elect  delegates  to  it.  Whichever  party  obtained  control  of 
this  convention  would  have  ostensibly  the  prestige  of  the  Democratic 
party  in  its  favour.  The  effort  was,  in  the  first  instance,  to  acquire 
the  ascendency  in  the  Democratic  county  conventions,  which  selected 
the  delegates  to  the  State  convention.  In  some  of  the  counties, 
double  delegations  were  returned,  each  claiming  to  be  the  pure 
Democratic  representatives.  They  assembled  at  Trenton  on  the 
20th  day  of  September.  The  Adams  and  the  Jackson  party  were 
both  nearly  equal  in  strength. 

Captain  Stockton  was  elected  a  delegate  from,  the  county  of  So 
merset,  in  which  he  resided.  On  the  evening  previous  to  the  con 
vention,  an  informal  meeting  of  the  Adams  delegates  was  held.  At 
that  meeting  it  became  apparent  to  the  Adams  men  that  they  had 
in  Stockton  a  leader  in  whom  entire  confidence  could  be  placed,  and 
it  was  agreed  that  he  should  be  supported,  in  every  move,  with  the 
whole  strength  of  the  party.  He  perceived,  from  the  spirit  of  over 
bearing  and  impetuous  determination  exhibited  by  the  Jackson 
party,  that  they  would  probably  put  all  rules  and  precedents  at 
defiance,  and  attempt  to  carry  their  measures  by  mere  numerical 
force,  without  regard  to  justice  or  usage.  He  therefore  deter 
mined  to  give  them  every  facility  for  the  indulgence  of  this  spirit, 
well  knowing  that  it  would  result  either  in  breaking  up  the  con 
vention  in  confusion,  or  else  in  a  reaction  among  the  people 
fatal  to  those  who  should  violate  the  usages  of  the  Democratic 
party. 

As  soon  as  the  convention  assembled,  Captain  Stockton  nomi 
nated  as  president  of  the  convention  a  leading  Jackson  delegate, 
and  subsequently  another  Jackson  delegate  as  secretary,  who  were 
elected  without  opposition.  This  rather  surprised  the  Adams  men 
"who  were  not  in  the  secret.  Stockton  voted  also  in  favour  of  re 
ceiving  the  Jackson  delegates,  whose  seats  were  disputed,  from 
several  counties,  until  the  reception  of  the  delegates  from  Cumber 
land  became  the  question. 

The  Adams  delegates  from  this  county,  according  to  Democratic 
usage,  were  the  regularly-appointed  delegates,  and  should  have  been 
received.  But  the  Jackson  men,  now  feeling  strong  enough  to  defy 
their  opponents  without  any  respect  for  their  rights,  rejected  the 


HE   PUNISHES   AN   INSULT.  61 

Adams  delegation  from  Cumberland  and  received  the  Jackson  dele 
gates. 

A  flagrant  act  of  injustice  had  now  been  perpetrated ;  and  Captain 
Stockton  determined  that  upon  this  act  he  would  make  a  case  for 
the  dissolution  of  the  convention  which  the  people  would  justify 
and  vindicate,  or  that  he  would  compel  his  opponents  to  rescind 
their  vote  and  retrace  their  steps.  He  accordingly  proceeded  to 
address  them  in  a  bold  and  exciting  manner,  denouncing  their  vio 
lation  of  Democratic  usages,  and  stigmatizing  their  exercise  of  power 
as  arbitrary  and  tyrannical. 

Several  of  the  most  prominent  Jackson  leaders  were  in  the  lobby, 
at  this  time,  and  some  of  them  said  audibly  to  their  partisans  that 
Stockton  must  be  stopped  and  put  down,  or  that  he  would  break  up 
the  convention.  While  he  was  thus  haranguing  the  convention,  he 
saw  one  of  the  delegates  who  had  been  in  conference  with  the  Jack 
son  leaders  in  the  lobby  leave  them  and  enter  the  area  in  front  of 
the  President's  chair,  immediately  opposite  his  own  position.  This 
delegate  had,  on  the  previous  dny,  used  offensive  language  in  pre 
sence  of  Captain  Stockton,  which  he  did  not  resent  at  the  time, 
partly  because  the  offender  was  visibly  intoxicated,  and  partly  be 
cause  he  was  ignorant  that  Captain  Stockton  was  present.  The 
delegate  approached,  as  we  said,  the  speaker,  until  within  a  few  feet 
of  him,  and  then,  in  a  loud  and  violent  tone,  said,  "What  right  has 
that  damned  rascal  here  with  the  government's  commission  in  his 
pocket?  Turn  him  out." 

With  that  intuitive  sagacity  for  which  he  is  so  distinguished  on 
emergencies  of  importance,  Captain  Stockton  saw  that  this  public 
insult  was  designed  to  confuse  and  arrest  him.  Those  who  had 
prompted  it  calculated  that  Stockton  would  sit  down  and  wait  till 
after  the  convention  should  call  the  offender  to  account ;  in  the  mean 
time,  having  silenced  the  chief  champion  of  the  Adams  men,  they 
would  have  every  thing  their  own  way.  But  they  were  entirely  igno 
rant  of  the  man  upon  whom  they  experimented.  He  seized  upon  the 
occurrence  as  the  consummation  of  violence  and  aggression  which  he 
had  predicted  would  hurry  his  opponents  to  the  commission  of  some 
great  offence  which  would  justify  the  dissolution  of  the  convention. 
He  determined,  with  that  promptitude  and  decision  of  character 
which  belongs  to  him,  to  punish  a  public  insult  in  a  public  manner, 
on  the  spot  and  at  the  moment  when  it  was  offered.  Without  the 
hesitation  of  a  second,  he  stepped  across  the  intervening  platform, 
and  with  a  single  blow  prostrated  the  offender  to  the  floor ;  then, 
quickly  resuming  his  place,  in  a  voice  which  commanded  the  atten- 


62  THE   CONVENTION   DISSOLVED. 

tion  of  the  now  tumultuous  crowd,  he  proceeded  to  vindicate  what  he 
had  done.  But  no  sooner  had  he  thus  punished  his  assailant  than 
the  whole  convention  of  delegates  sprang  to  their  feet,  the  lobby 
rushed  in  upon  the  floor  of  the  delegates, — some  struggling,  appa 
rently,  to  assail  Stockton  personally,  others  to  ascertain  the  facts. 

Stockton's  friends  crowded  around  him,  resolved  to  defend  him 
to  the  last.  One  of  them  offered  him  a  dirk,  but  he  put  it  aside, 
saying,  "It  is  brains,  not  arms,  which  are  required  now."  At  one 
time  several  orators  were  speaking  together,  and  a  Babel  of  excite 
ment,  uproar,  and  agitation  was  exhibited,  perfectly  indescribable. 
All  this  occurred  in  a  few  moments  of  time ;  when  Stockton,  per 
ceiving  that  he  could  not  be  heard  from  the  floor,  sprang  on  a  table 
and  continued  his  address.  He  spoke  with  regret  of  the  necessity 
which  devolved  upon  him  to  punish  such  an  insult  as  that  which  he 
had  received  immediately,  and  he  appealed  to  his  hearers,  as 
Jerseymen  and  men  of  honour,  if  it  was  possible  for  him  without  dis 
gracing  his  uniform  to  have  done  otherwise.  His  hearers  were 
gradually  softened  and  mollified;  and,  as  their,  temper  cooled,  Stock 
ton  concluded  by  a  motion  that  the  convention  should  adjourn  sine 
die,  which  was  carried  by  acclamation.  He  then  gave  notice  of  a 
place  and  the  time  of  the  day  when  the  Adams  delegates  would 
meet  and  form  a  ticket. 

It  is  to  be  regretted  that  the  speech  delivered  on  this  occasion  by 
Captain  Stockton  has  not  been  preserved.  It  was  undoubtedly  one 
of  the  most  powerful  addresses  ever  made  to  a  popular  assembly  in 
New  Jersey,  and  raised  him  at  once  to  the  foremost  rank  among  the 
political  men  of  the  State. 

Thus,  owing  to  his  tact  and  presence  of  mind,  his  political  oppo 
nents  were  balked  of  their  expected  triumph, — they  lost  the  prestige 
of  making  their  nomination  under  the  forms  of  the  old  Democratic 
party;  while  the  friends  of  Stockton  were  saved  from  an  ignominious 
defeat,  and  entered  the  fi.eld  upon  equal  terms  with  their  adversaries. 
The  election  came  on  the  second  Tuesday  of  October,  and  resulted  in 
the  election  of  the  Adams  candidates  for  Congress  by  a  decided 
majority. 

An  occasion  now  happened  by  which  Mr.  Adams's  fidelity  to  his 
pledges  respecting  the  Federalists  could  be  effectually  tested.  The 
office  of  District  Judge  of  the  United  States  for  New  Jersey  became 
vacant  by  death,  and  an  appointment  was  required  to  fill  the 
vacancy.  The  names  of  three  candidates  who  had  been  Federalists, 
and  whose  qualifications  were  of  the  highest  order,  were  forwarded 
to  the  President. 


MR.  ADAMS   VIOLATES   HIS   PLEDGES.  63 

At  the  head  of  the  list  was  the  name  of  Richard  Stockton,  who, 
for  a  whole  generation,  had  stood  unrivalled,  the  foremost  lawyer  at 
the  bar  of  New  Jersey.  Chief  Justice  Kirkpatrick,  who  for 
twenty-one  years  had  sat  as  Chief-Justice  of  the  Supreme  Court  of 
New  Jersey,  was  also  pressed  upon  Mr.  Adams  for  this  appointment. 
Aaron  Ogden,  also  a  distinguished  lawyer,  and  a  soldier  of  the  Revo 
lution,  was  a  candidate  likewise.  But  the  gentleman  preferred  for 
the  honourable  post  of  District  Judge  of  the  United  States  had  never 
been  professionally  educated  as  a  lawyer,  and  on  that  ground  Mr. 
Monroe,  several  years  previously,  had  refused  to  appoint  him  to  the 
same  office,  but  conferred  it  on  Judge  Pennington.  The  appointee 
of  Mr.  Adams  was  the  only  candidate  notoriously  destitute  of  the 
proper  qualifications  for  this  office.  But  he  had  for  many  years 
been  the  leader  of  the  old  Democratic  party ;  and  Mr.  Adams,  un 
fortunately  for  himself,  seemed  more  desirous  of  making  political 
capital  by  means  of  this  appointment  than  of  properly  administering 
the  trust  with  which  the  Constitution  invested  him  of  dispensing  his 
official  patronage  for  the  benefit  of  the  people.  Mr.  Rossell  was 
appointed.  Mr.  Adams's  pledges  were  violated,  palpably,  without 
excuse  or  justification. 

Immediately  after  the  New  Jersey  appointment,  the  vacancy  in  the 
Southern  District  of  New  York  was  filled  by  Judge  Betts ;  and  the 
friends  of  Chancellor  Kent,  and  D.  B.  Ogden,  and  Josiah  Hoffman, — 
all  eminent  lawyers  and  Federalists, — were  chagrined  and  disgusted 
by  the  evident  determination  of  Mr.  Adams  to  continue  the  proscrip 
tion  of  the  Federalists,  though  his  administration  had  been  indebted 
for  its  existence  to  them.  Other  appointments  were  made  soon 
after,  showing  "a  foregone  conclusion'  that  Mr.  Adams,  instead  of 
adapting  himself  to  the  new  order  of  things,  which  indicated  the 
total  disruption  and  dissolution  of  both  the  old  parties,  was  vainly 
attempting  to  preserve  their  vitality  by  courting  one  at  the  ex 
pense  of  the  other,  in  utter  contempt  of  his  pledges  to  his  friends 
and  his  duty  to  the  country. 

Captain  Stockton,  having  originally  supported  Mr.  Adams's  admi 
nistration  upon  the  principle  that  it  would  cease  to  proscribe  the 
Federalists  who  were  meritorious  and  were  true  to  the  Constitution 
and  the  Union,  now  perceiving  that  he  had  been  deceived,  promptly 
and  abruptly  did  as  he  originally  said  he  would  do  whenever  he  had 
reason  to  doubt  the  honesty  or  condemn  the  acts  of  Mr.  Adams. 
He  ceased,  therefore,  to  render  any  aid  or  assistance  to  the  Adams 
administration. 

As  the  measures  and  principles  of  Mr.  Adams  were  developed,  his 


64  SUPPORTS    GENERAL   JACKSON. 

latitudinarian  views  in  relation  to  the  construction  of  the  Constitu 
tion,  to  internal  improvements  and  State  rights,  Stockton  soon  per 
ceived  the  necessity  of  resisting  his  re-election.  In  1827,  the  sec 
tional  strife  of  1823-4  had  entirely  ceased.  The  people  were  again 
divided  into  only  two  parties, — the  one  supporting  the  administra 
tion  of  Adams  and  advocating  his  re-election,  the  other  opposing 
his  policy  and  measures  and  united  in  favour  of  General  Jackson. 
Stockton  soon  became  one  of  the  most  decided  supporters  of  the 
General,  and  continued  so  throughout  his  whole  term  of  service. 
Between  them  the  most  cordial  and  friendly  intercourse  subsisted. 
The  principles  of  the  Democratic  party  as  it  was  reorganized  by 
General  Jackson,  and  as  those  principles  were  then  understood, 
he  approved ;  and  they  still  constitute  in  the  main  his  political 
creed,  as  will  be  seen  by  reference  to  his  speeches.  The  doctrine  of 
State  rights  as  expounded  by  the  Virginia  and  Kentucky  resolutions 
of  1798-9,*  of  a  strict  construction  of  the  Constitution,  of  a  simple 
and  economical  government,  of  opposition  to  all  foreign  entangling 
alliances,  and  the  sentiment  of  devotion  to  the  Union  and  implicit 
observance  of  the  obligations  of  the  Constitution,  he  has  always 
consistently  advocated  and  maintained.  Nor,  in  the  exercise  of 
that  independence  which  is  an  element  of  his  character,  has  he 
failed  to  denounce  any  disregard  of  these  principles,  whether  ex 
hibited  by  political  friends  or  opponents. 

Some  have  thought  that  he  was  not  sufficiently  observant  of  the 
obligations  of  party.  Such  persons  have  not  been  aware  of  the 
uniform  language  which  he  has  always  held  from  youth  up  in 
relation  to  party.  The  country  and  its  welfare,  he  has  uniformly 
asserted,  were  the  only  legitimate  objects  of  party  action;  and  when 
the  safety,  honour,  or  happiness  of  the  country  conflicted  with  the 
success  of  parties,  it  has  been  his  doctrine  that  the  claims  of  pa 
triotism  were  paramount  to  those  of  party.  The  truth  is  that  Stock 
ton,  in  the  political  field,  is  the  same  man,  with  the  same  identical 
characteristics,  as  Stockton  in  the  field  of  war.  Bold,  chivalric,  and 
adventurous,  whether  it  be  an  enemy  to  be  encountered — thundering 
on  his  advance,  or  a  principle  of  political  action  to  be  attacked  or 
defended,  he  displays  the  same  fearless  intrepidity,  and  marches 
onward  with  the  same  unfaltering  steps.  There  is  a  chivalry  in 
politics  as  well  as  in  war ;  but,  unfortunately,  while  the  one  is  ad 
mired  and  extolled  by  the  multitude,  they  often  deride  and  depre- 

*  See  his  speech  on  harbour  defences,  for  a  eulogium  on  these  resolutions. 


CONSTRUCTION  OF  DELATARE  AND  RARITAN  CANAL.     65 

ciate  the  other.     It  is  only  history,  and  the  FEW  good  and  -wise, 
who  appreciate  the  honest  politician. 

In  1828-9,  public  attention  in  New  Jersey  was  attracted  with 
much  interest  to  the  subject  of  internal  improvements.  The  benefits 
conferred  on  the  people  and  State  of  New  York  by  the  construction 
of  the  Erie  Canal  had  given  a  great  impulse  to  the  public  mind  in 
relation  to  roads  and  canals.  Believing  the  construction  of  a  canal 
to  connect  the  waters  of  the  Delaware  and  Hudson  Rivers  to  be  a 
work  of  national  importance,  the  citizens  of  New  Jersey  had  made 
frequent  applications  to  Congress  for  aid  towards  the  accomplish 
ment  of  that  work ;  but  no  aid  from  that  quarter  could  be  obtained. 
The  State  of  New  Jersey,  in  1826,  conferred  a  charter  on  a  New 
York  company  to  construct  the  Delaware  and  Raritan  Canal,  with 
very  liberal  privileges ;  but,  after  a  year  spent  in  fruitless  efforts  to 
dispose  of  the  stock,  the  New  Yorkers  abandoned  the  enterprise. 

In  1830,  another  charter  was  granted  by  the  Legislature  for  a 
canal  company  at  the  same  time  that  the  Camden  and  Amboy  Rail 
road  Company  was  incorporated.  Mr.  Stockton  was  absent  from 
New  Jersey  at  this  time,  and  took  no  part  in  the  popular  action 
which  led  to  the  enactment  of  the  charter  for  the  canal.  Upon  his 
return  from  the  South,  in  the  summer  of  1830,  he  found  that  the 
books  of  subscription  to  the  stock  of  the  canal  company  had  been 
opened,  and  but  a  small  portion  of  the  stock  had  been  taken.  He 
was  originally  in  favour  of  the  State's  constructing  the  canal,  and 
predicted  that  it  would  eventually  become  a  source  of  emolument. 

By  the  action  of  the  Legislature  it  now  became  settled  that  the 
State  would  not  undertake  the  work ;  and  it  was  a  question  between 
having  no  canal  or  obtaining  its  construction  through  the  instru 
mentality  of  a  chartered  company.  Mr.  Stockton  was  strenuously 
urged  to  undertake  the  enterprise.  After  due  deliberation,  he  sub 
scribed  the  necessary  number  of  shares  to  secure  the  charter.  He 
at  once  endeavoured  to  enlist  the  New  York  and  Philadelphia  capi 
talists  in  the  work ;  but,  though  it  was  apparent  that  those  cities 
would  derive  the  chief  benefit  from  the  canal  when  completed,  he 
obtained  little  or  no  material  aid  from  those  quarters.  They  doubted 
whether  so  short  a  canal  could  be  made  profitable,  and  considered 
the  enterprise  too  hazardous  to  contribute  to  its  prosecution.  He 
was  compelled  to  rely  chiefly  upon  his  own  resources  and  those  of 
his  immediate  family  friends.  The  work  was  commenced  with 
vigour,  and  prosecuted  with  all  his  energy.  He  embarked  his  whole 
fortune  and  that  of  his  family  in  the  enterprise.  He  manifested  a 
remarkable  liberality  in  letting  the  contracts  for  the  canal  and 


66  FINANCIAL    DIFFICULTIES. 

locks,  by  directing  that  no  contracts  should  be  given  at  a  price  be 
low  the  estimates  of  the  engineer.  He  knew  that  they  were  as  low 
as  any  man  could  honourably  afford  to  do  the  work,  and  he  would 
suffer  no  temptation  to  be  offered  to  contractors  to  cheat  the  com 
pany  or  the  labourers  employed  by  them. 

During  the  progress  of  the  work,  a  severe  financial  crisis  occurred 
in  the  United  States.  It  became  evident  that  the  original  stock 
subscribed  would  not  be  sufficient  to  complete  the  canal,  and  a  loan 
could  not  be  obtained  upon  any  reasonable  terms  at  home.  The 
credit  of  the  United  States  had  been  somewhat  strained  in  Europe, 
and  Mr.  Stockton  was  told  by  the  New  York  and  Philadelphia 
brokers  that  he  could  not  negotiate  such  a  loan  as  was  required  in 
London.  He,  however,  determined  to  make  the  experiment,  and 
accordingly  proceeded  to  Europe.  Avoiding  the  intermediate  as 
sistance  of  the  money-dealers,  he  applied  directly  to  the  great  capi 
talists  themselves,  and  soon  convinced  them  of  the  sufficiency  of  the 
Delaware  and  Raritan  Canal  as  a  security  for  the  loan  proposed. 
His  success  was  deemed  at  that  time  a  financial  operation  of  no 
ordinary  character. 

While  the  canal  was  thus  in  progress,  the  Camden  and  Amboy 
Railroad  was  likewise  in  process  of  construction,  under  the  direction 
of  his  friends,  the  Messrs.  Stevens,  so  renowned  for  their  enterprise 
and  sagacity.  It  became  quite  plain  that  the  railroad  would  carry 
all  the  passengers  and  the  greater  part  of  the  most  valuable  freight. 
Mr.  Stockton,  with  the  people  in  the  central  counties  of  New  Jersey, 
considered  the  canal  as  really  the  most  important  work  of  the  two  to 
the  State.  In  order  to  protect  the  canal,  they  therefore  applied  for 
liberty  to  construct  a  railroad  through  the  central  parts  of  New 
Jersey,  from  Trenton  to  New  Brunswick.  There  was  nothing  in  the 
Camden  and  Amboy  charter  which  rendered  such  a  grant  an  infringe 
ment  of  their  privileges.  It  was,  however,  strenuously  opposed  by 
the  railroad  company  and  its  friends.  Mr.  Stockton  took  the  ground 
that,  unless  their  application  were  conceded,  the  Camden  and  Amboy 
Company  would  be  a  monopoly.  Much  has  been  said  about  mo 
nopoly  and  anti-monopoly  in  New  Jersey :  it  will  appear  from  these 
facts  that  Mr.  Stockton  was  among  the  first  of  the  anti-monopolists. 

The  Legislature  terminated  the  controversy  which  threatened  to 
agitate  the  State,  and  consolidated  the  companies,  with  authority  to 
construct  the  Trenton  and  New  Brunswick  Railroad.  A  railroad 
already  had  been  constructed  from  Trenton  and  Philadelphia,  and 
also  another  connecting  New  Brunswick  and  Jersey  City.  The 
joint  companies  thus  secured  to  New  Jersey  two  distinct  thorough- 


TRANSIT    DUTIES.  67 

fares  through  the  State  by  railroads,  as  well  as  the  successful  com 
pletion  of  the  canal.  They  likewise  gave  the  State  $200,000  of 
their  stock,  guaranteed  that  the  transit  duties  accruing  to  the  State 
for  passengers  and  freight  should  never  be  less  than  $30,000  per 
annum,  and  submitted  to  important  reductions  in  the  fares  which 
they  were  originally  permitted  by  their  charters  to  collect. 

Much  outcry  has  been  raised  because  of  these  transit  duties,  by 
citizens  of  other  States  who  imperfectly  understand  their  nature. 
Notwithstanding  New  York  and  Pennsylvania,  and  every  State 
which  has  constructed  public  works,  exact  a  revenue  from  them  in 
the  shape  of  tolls  and  charges  for  freight,  New  Jersey,  having  con 
structed  her  public  works  without  incurring  any  public  debt  through 
the  instrumentality  of  chartered  companies,  is  vehemently  censured 
because  she  has  been  provident  enough  to  reserve  some  revenue  to 
herself  from  the  business  done  upon  the  works  she  has  authorized. 

The  mistake  of  the  citizens  of  other  States,  who  censure  New  Jersey 
for  this  cause,  is,  that  they  consider  the  transit  duties  as  a  tax  levied 
upon  them.  If  it  were  such,  there  could  be  no  doubt  of  the  right 
of  New  Jersey  to  exact  it.  But  it  is  a  tax  on  the  business  of  the 
companies,  and  not  upon  individuals.  It  is  a  substitute  for  taxation 
of  the  capital  of  the  companies.  The  State  foresaw  that,  while  the 
capital  remained  stationary,  the  business  of  the  companies  would 
augment  annually.  "While  granting  important  privileges,  the  State 
therefore  wisely  protected  her  own  interests.  The  entire  income 
which  she  derives  from  the  companies  is  now  about  $150,000  per 
annum.  The  tolls  and  charges  of  the  companies  are,  however,  in 
no  manner  affected  by  these  duties.  Were  they  entirely  abolished 
the  companies  would  charge  the  same  as  they  do  now. 

Much  clamour  has  been  raised  in  the  newspapers  also  respecting 
the  monopoly  enjoyed  by  these  companies.  It  is  obvious  that  these 
works  could  not  have  been  constructed  unless  exclusive  privileges 
had  been  originally  conferred,  as  an  inducement  and  protection  to 
those  who  made  them.  These  privileges  are  the  price  paid  for  these 
works  at  a  time  when  there  was  no  certainty  that  they  would  ever 
remunerate  their  projectors.  Notwithstanding  the  value  of  these 
great  works,  the  proprietors  have  several  times  offered  to  surren 
der  them  to  the  State  upon  their  being  paid  the  actual  value,  or  the 
cost  and  interest  thereon,  of  their  original  construction.  But  public 
opinion,  with  few  exceptions,  is  satisfied  that  they  can  be  managed 
better  and  more  economically  by  chartered  companies  than  by  the 
State  herself. 

The  Delaware  and  Raritan  Canal  is  a  work  of  great  value  and 


68  PARALLEL   BETWEEN    STOCKTON   AND   CLINTON. 

importance.  Its  business  promises  to  exceed  the  most  sanguine 
expectations  of  its  projectors.  When  the  coal-fields  of  Pennsyl 
vania  are  more  fully  developed,  this  canal  will  be  supplied  with  freight 
to  its  utmost  capacity.  Vessels  of  five  hundred  tons  now  pass 
through  it  from  the  Delaware  to  the  Hudson.  In  time  of  war  with 
any  maritime  nation,  the  whole  coasting  trade  afloat  will  seek  this 
channel.  No  other  work  of  similar  importance  in  the  United 
States  has  yet  been  constructed  through  the  energy  and  exertions 
of  any  single  individual.  Mr.  Clinton,  indeed,  is  celebrated  as  one 
of  the  most  powerful  projectors  of  the  construction  of  the  Erie 
Canal.  But  he  was  assisted  by  many  associates,  who  shared  the 
responsibility  and  the  honour  of  that  work ;  and  he  was  sustained 
by  the  credit  of  the  State  of  New  York,  which  alone  contributed 
the  financial  means.  Mr.  Stockton  was  aided  by  the  credit  of  no 
State.  No  debt  was  incurred  by  New  Jersey  for  that  object.  But 
there  it  is,  a  magnificent  and  enduring  benefit  not  only  to  the  people 
of  New  Jersey,  but  to  the  people  of  the  adjacent  States  particu 
larly  and  the  commerce  of  the  whole  country  generally.* 

The  following  letter  of  Commodore  Stockton,  reviewing  the  whole 
subject  of  internal  improvement  in  New  Jersey,  will  be  a  useful 
auxiliary  to  the  reader  in  enabling  him  to  understand  better  this 
portion  of  our  history  : — 


REPLY   OF   COMMODORE   R.  F.  STOCKTON   TO    THE    LETTER   FROM   CITI 
ZENS    OF   TOM'S   RIVER. 

To  Messrs.  F.  J.  Speer,  W.  I.  James,  James  GrulicJc,  Benjamin  L. 
Irons,  and  others,  citizens  of  the  county  of  Ocean. 

GENTLEMEN: — In  consequence  of  my  absence  from  Princeton, 
I  did  not  see  your  letter  until  it  was  published  in  the  Monmouth 
Democrat. 

It  would,  nevertheless,  have  been  sooner  acknowledged  had  not 
numerous  engagements  prevented.  The  act  to  which  you  refer,  I 
assure  you,  gave  me  no  annoyance.  If  in  the  exercise  of  the 
"largest  liberty"  any  of  my  fellow-citizens  see  fit  to  recreate  them 
selves  by  executing  effigies  which  they  please  to  designate  "  Com 
modore  Stockton,"  they  are  welcome  to  all  the  enjoyment  and  glory 
they  can  derive  from  amusements  so  harmless.  While  conscious  of 
the  rectitude  of  my  own  actions  and  intentions,  malicious  denuncia 
tions  move  me  not. 

*  See  Address  of  R.  F.  Stockton  to  the  people  of  New  Jersey,  Appendix. 


REPLY   TO    THE    CITIZENS    OF    TOM'S    RIVER.  69 

It  is  now  nearly  a  quarter  of  a  century  since  I  devoted  my  mind, 
my  means,  and  those  of  co-operating  friends  whom  I  could  influence, 
to  the  cause  of  internal  improvement  in  New  Jersey.  When  I  con 
sider  the  inadequacy  of  my  experience  and  abilities  to  the  vast 
enterprise  in  which  I  then  engaged,  the  difficulties  to  be  encoun 
tered,  and  the  slender  resources  which  at  first  were  within  my  con 
trol,  and  then  advert  to  the  realization  of  my  proudest  hopes,  and 
more  especially  when  I  survey  the  benefits  which,  in  part  through 
my  instrumentality,  have  been  conferred  upon  New  Jersey  by  this 
system  of  internal  improvements,  which  I  have  advocated  and  de 
fended,  I  can  well  tolerate  with  indifference  any  abuse  which  my 
success  and  my  fidelity  to  the  true  interests  and  welfare  of  my 
native  State  may  provoke. 

Gentlemen,  you  say  that  "a  majority  of  the  people  here  are 
opposed  to  the  measures  of  the  party  with  which  you  co-operate, 
and  to  the  State  policy  of  which  you  are  an  able  advocate."  With 
regard  to  "party  measures,"  I  do  not  care  a  rush;  but  in  relation 
to  the  improvement  of  New  Jersey  I  do  feel  deeply  concerned,  and 
will  hope  that  the  time  is  not  far  distant  when  there  will  be  little 
or  no  difference  of  opinion  between  us.  No  doubt  the  time  has 
been,  when  a  formidable  opposition  existed  in  New  Jersey  to  the 
system  of  internal  improvements  with  which  I  have  been  identified. 
The  papers  teemed  with  abuse  of  me,  and  a  powerful  party  threat 
ened  the  extinction  of  private  rights  and  the  violation  of  public 
honour.  I  placed  myself  in  the  breach  on  those  occasions  ;  but  I 
never  deprecated  abuse,  nor  retorted  the  intemperate  fulminations 
of  political  adversaries.  I  chose  rather  to  let  results  speak  for  mo. 
To  their  verdict  I  always  confidently  appeal.  I  was  willing  to 
stand  or  fall  with  the  success  or  failure  of  the  system  which  I  re 
commended.  Now  that  these  results  have  proved  eminently  fortu 
nate — now  that  triumphant  success  vindicates  my  system,  though  I 
may  continue  to  treat  defamation  with  silence  and  calumny  with 
contempt,  I  shall  on  no  fitting  occasion  like  the  present  fail  to  re 
mind  my  fellow-citizens  that  they  owe  the  present  prosperity  of 
New  Jersey,  under  God,  first,  to  the  system  of  internal  improve 
ment  now  subsisting,  and,  second,  to  the  adherence  by  the  State 
and  the  joint  companies  to  the  principles  of  plighted  good  faith  and 
honour. 

Interposing  between  the  two  great  commercial  emporiums  of  the 
continent — the  natural  bridge  for  all  internal  intercourse  between 
the  North  and  the  South, — her  commerce  absorbed  and  diverted  from 
her  own  harbours,  New  Jersey  was  bound  by  every  dictate  of  politi- 


70  KEPLY  TO   THE   CITIZENS   OF  TOM'S   RIVER. 

cal  sagacity  to  make  the  most  of  her  territorial  advantages,  and 
to  compensate  herself  therefrom  for  the  injuries  inflicted  by  the 
overshadowing  rivalship  of  New  York  and  Philadelphia.  The  first 
great  desideratum  for  the  accomplishment  of  this  object  was  the 
construction  of  the  Delaware  and  Raritan  Canal.  The  success  of 
the  Hudson  and  Erie  Canal  inspired  many  with  a  desire  that  New 
Jersey  should  make  the  Delaware  and  Raritan  Canal  a  State  work. 

The  State  wisely  (as  events  have  shown)  shrunk  from  the  danger 
of  encumbering  herself  with  debt.  She  was  not  possessed  of  the 
vast  resources  of  New  York,  and,  judging  from  the  analogy  fur 
nished  by  State  prosecution  and  management  of  public  works  else 
where,  it  is  quite  probable  that,  had  this  State  commenced  the 
construction  of  the  Delaware  and  Raritan  Canal,  she  would 
have  abandoned  it  before  its  completion,  and,  instead  of  pouring 
its  contributions  (as  at  present)  into  her  treasury,  the  debt  in 
curred  for  its  commencement  would  hang  like  an  incubus  on  her 
prosperity. 

For  more  than  ten  years  subsequent  to  the  completion  of  the 
canal,  the  receipts  of  the  joint  companies  for  toll  hardly  paid  its 
expenses.  How  would  the  State  have  sustained  herself  under  such 
a  result,  even  if  she  had  completed  the  construction  of  the  canal  ? 
She  would  probably  have  been  compelled  by  public  clamour  to  have 
sacrificed  it  to  speculators,  who  would  assume  only  half  of  her  in 
debtedness,  just  as  Pennsylvania  is  now  endeavouring  to  dispose  of 
her  public  works.  The  State  of  New  Jersey  pursued  a  more  cau 
tious  policy;  she  conferred  a  liberal  charter  on  a  company  for  the 
construction  of  the  canal.  The  company  which  have  completed  it 
were  secured  against  ruinous  competition,  and  have  been  thereby 
enabled  patiently  to  await  the  growth  of  business  on  that  great 
work. 

Contemporaneous  with  the  incorporation  of  the  Canal  Company, 
the  State  incorporated  also  the  Camden  and  Amboy  Railroad  and 
Transportation  Company.  At  that  time  the  nature  and  uses  of 
railroads  were  but  little  known  or  understood,  and  no  one  was  aware 
of  the  mighty  capacity  of  the  steam  locomotive.  I  foresaw  that 
the  Delaware  and  Raritan  Canal  could  not  be  constructed  while 
menaced  with  the  rivalship  of  a  railroad.  The  public  men  of  New 
Jersey  and  the  people  soon  became  impressed  with  the  same  views ; 
they  saw  in  competition  none  of  those  benign  influences  which  its 
over-zealous  friends  attribute  to  it.  They  were  not  willing  to  risk 
the  defeat  of  the  canal  for  the  sake  of  encouraging  a  ruinous  com 
petition,  principally  for  the  benefit  of  the  inhabitants  of  other 


REPLY   TO   THE   CITIZENS    OF   TOM'S    RIVER.  71 

States.  They  established,  then,  after  careful  deliberation,  the 
policy  and  the  system  which  have  continued  to  this  day, — a  system 
which,  whether  called  a  monopoly  or  any  thing  else,  has  vindicated 
itself.  That  system  insured  the  construction  of  the  Delaware  and 
Raritan  Canal;  it  insured  also  two  other  railroad  thoroughfares 
across  the  State ;  adequate  accommodations,  at  reasonable  fares,  for 
the  transit  of  all  freight  and  passengers  over  the  State ;  it  insured, 
too,  just  compensation  to  the  State  for  the  privileges  conferred, 
yielding  an  abundant  and  increasing  revenue,  and,  in  the  progress 
of  time  and  the  development  of  the  system,  it  secured  likewise  the 
construction  of  all  local  roads  which  may  be  needed  in  the  southern 
and  western  parts  of  the  State,  when,  without  it,  they  would  hardly 
be  made  in  the  lifetime  of  the  present  generation.  And  lastly,  that 
system,  after  all  doubt  about  the  productiveness  of  the  canal  and 
railroads  shall  have  been  dispelled,  and  after  experience  shall  have 
demonstrated  the  most  judicious  and  economical  method  of  manag 
ing  them,  invests  the  State  with  the  right  to  take  them  at  their 
appraised  value.  Should  she  do  so  at  the  time  when  by  law  she  is 
authorized  to  exercise  her  option  so  to  do,  and  should  she  conduct 
them  wisely  and  economically,  there  can  be  no  doubt  they  will 
make  New  Jersey,  in  proportion  to  her  population,  the  most  opulent 
and  flourishing  State  in  America  or  elsewhere. 

Now,  in  contrast  with  the  results  of  this  system  of  New  Jersey, 
cast  your  eyes  over  our  sister  States,  where  State  construction  and 
management  of  public  works,  and  boundless  competition,  have  pre 
vailed.  In  one  case  you  perceive  powerful  States  crippled  with 
debt  and  tormented  with  vexatious  taxation,  oppressing  industry 
and  depreciating  the  value  of  the  property  of  the  people.  In  the 
other  case  you  see  gigantic  corporations  tottering  on  the  verge  of 
bankruptcy,  and  threatening,  in  their  fall,  to  cover  the  land  with 
desolation,  impoverishing  widows  and  orphans — the  rich  and  those 
who  are  not  rich. 

Unrestricted  competition,  when  applied  to  railroad  constructions, 
is  an  enormous  and  delusive  fraud  ;  it  is  a  fraud  because  it  promises 
advantages  which  it  cannot  confer ;  .  it  allures  into  a  snare  the 
unwary,  the  ignorant,  and  the  helpless,  and  involves  them  all  in 
one  fatal  catastrophe. 

It  is  far  better  for  the  public  to  have  one  good  railroad  than  two 
inferior  railroads.  The  real  interests  of  the  people  of  the  whole 
country  are  not  promoted  by  railroads  transporting  freight  and 
passengers  at  a  loss.  The  interest  of  no  class  can  be  permanently 


72  REPLY   TO    THE    CITIZENS    OF    TOM?S    RIVER. 

promoted  by  the  industry  of  any  other  class  being  underpaid. 
Unrestricted  competition  in  the  construction  of  railroads,  by  pro 
ducing  inadequate  compensation  for  railroad  services,  has  a  tendency 
to  destroy  capital.  The  destruction  of  capital  is  a  calamity  to  the 
whole  community.  It  checks  enterprise  and  deprives  labour  of 
employment.  There  is  another  reason  why  such  unrestricted  com 
petition  is  a  fraud.  It  eventually  places  the  weaker  competitor  in 
the  power  of  the  stronger, — making  the  rich  richer,  and  the  power 
ful  more  powerful,  and  finally  terminates  in  a  more  inexorable  and 
omnipotent  monopoly  than  otherwise  could  be  possible. 

When,  under  the  sanction  of  legislative  enactment,  a  large  capital 
is  invested  in  such  a  work  as  a  great  railroad  or  canal,  the  objects 
of  which  are  the  promotion  of  the  public  interests  as  well  as  those 
of  individuals, — when  that  capital  is  unalterably  fixed,  and  converted 
into  such  a  public  improvement,  and  in  the  shape  of  stock-shares 
diffused  throughout  the  community  in  the  hands  of  men  of  limited 
means,  held  in  part  by  the  comparatively  poor — by  widows  and 
orphans — by  executors  and  administrators — eleemosynary  institu 
tions, — it  ought  to  be  considered  as  under  the  aegis  of  the  public 
protection. 

Were  an  incendiary  to  fire  the  shop  and  stations  of  such  a  rail 
road  company,  to  tear  up  its  rails,  destroy  its  bridges,  or  in  any 
way  wantonly  injure  its  structures,  he  would  be  deemed  worthy  of 
condign  punishment,  and  the  condemnation  of  all  men  would  make 
him  infamous.  Yet,  under  the  plausible  pretext  of  competition, 
still  more  destructive  and  pernicious  injuries  are  inflicted  upon  the 
enterprising  capitalist  and  his  helpless  and  confiding  friends,  who 
may  have  embarked  their  whole  worldly  substance  in  a  railroad  or 
a  canal. 

I  care  not  what  circumstances  furnish  the  occasion  for  such  un 
righteous  legislation ;  when  such  wrongs  are  perpetrated,  they  are 
equivalent  to  robbery;  they  have  no  foundation  in  justice;  they 
are  exertions  of  despotic  power,  irrespective  of  the  principles  of 
honour  or  justice.  It  is  impossible  for  the  interests  of  any  com 
munity  to  be  advanced  by  the  violation  of  the  eternal  principles  of 
justice. 

These  conclusions  are  established  by  experience,  as  exhibited  in 
the  consequences  of  unrestricted  railroad  competition  in  New  Eng 
land,  in  New  York,  and  in  Great  Britain.  New  Jersey  has  wisely 
repudiated  the  fraud  and  folly  of  a  reckless  and  destructive  com 
petition.  And  the  public  enjoys  the  benefit  of  her  wisdom  and 


REPLY   TO    THE    CITIZENS    OF    TOM'S    RIVER.  73 

prudence,  in  the  most  ample  accommodations,  upon  fair  terms,  of 
the  facilities  offered  by  her  public  works.  The  proprietors  of  these 
works,  controlled  by  no  sordid  or  circumscribed  view  of  their  duties 
and  obligations,  strong  in  the  confidence  of  the  people,  and  grate 
ful  for  the  good  faith  and  support  which  have  always  been  manifested 
towards  them  by  the  State  and  their  fellow-citizens,  feel  an  abiding 
disposition  to  comply  with  all  the  just  requisitions  of  an  enlightened 
public,  and  will  ultimately  be  able,  from  the  abundance  of  their 
resources  and  their  strength,  to  transport  both  passengers  and 
freight  at  lower  rates  than  any  ill-judged  competition  could  ever 
have  compelled. 

Next  in  importance  to  the  adoption  of  the  present  system  of 
internal  improvement  in  New  Jersey,  in  estimating  the  causes  of 
her  prosperity,  may  be  ranked  the  firmness  and  consistency  with 
which  the  joint  companies  and  the  State  have  adhered,  through  all 
the  phases  of  monetary  and  political  affairs,  to  the  principles  of 
honour  and  plighted  faith. 

There  has  been  no  time  within  the  last  twenty  years  when  the 
joint  companies,  by  the  simple  relinquishment  of  all  opposition  to 
efforts  for  the  establishment  of  competing  railroads,  could  not  have 
rid  themselves  of  all  contributions  to  the  State  Treasury,  and  vastly 
augmented  their  profits  and  income,  while  at  the  same  time  they 
could  have  defeated  any  actual  competition.  They  have,  however, 
turned  a  deaf  ear  to  all  overtures  contemplating  such  results,  even 
when  the  madness  of  party  seemed  to  create  a  necessity  for  such 
action.  They  have  stood  at  the  portals  of  the  State  Treasury,  its 
protector  and  defender,  when  others  have  sought  the  destruction  of 
the  State  revenue  and  credit.  I  do  not  exaggerate  when  I  say  that 
it  has  always  been  considered  by  the  joint  companies  a  paramount 
obligation  to  consult  the  interest  of  the  State. 

And  now,  after  having  devoted  the  best  portion  of  my  life  to  the 
promotion  of  the  interests,  the  happiness,  and  prosperity  of  New 
Jersey, — after  having  been  so  long  in  contact  with  her  public  men, 
her  legislators,  and  her  most  intelligent  citizens  in  all  parts  of  the 
State, — if  there  be  a  man  whom  I  have  deceived  or  misled,  whose 
confidence  I  have  abused,  or  who  can  justly  charge  me  with  any 
violation  of  the  strictest  principles  of  honour  and  integrity  in  my 
intercourse  with  him,  I  am  yet  to  know  him. 

It  is  because  my  fellow-citizens  know  that  I  have  been  thus 
governed  by  the  severest  principles  of  honour  that  they  have  stood 
by  me  to  baffle  and  defeat  those  who,  no  matter  under  what  pretence 


74  REPLY   TO   THE   CITIZENS    OF   TOM'S    RIVER. 

or  profession,  sought  to  endanger  the  State  revenue.  Demagogues 
have  in  vain  attempted,  by  all  the  acts  of  political  chicanery,  to 
corrupt  their  principles  or  excite  their  cupidity.  There  never  has 
been  a  year  or  a  day,  in  spite  of  all  the  lavish  expenditure  of  foreign 
adventurers  or  the  marshalled  array  of  faction,  when  any  man 
could  stand  up  in  the  Legislature  of  New  Jersey  and  propose  the 
violation  of  the  State's  compact  with  the  joint  companies,  without 
incurring  the  doom  of  universal  execration  and  contempt. 

Vindictively  as  I  have  been  assailed  for  my  connection  with  these 
companies, — identical  as  their  prostration  has  been  sought  to  be 
made  with  the  triumph  first  of  one  party  and  then  of  another, — 
ingeniously  as  astute  lawyers  and  politicians  have  proved  the  in 
fraction  of  the  public  faith  to  be  compatible  with  law  and  justice, — 
there  has  been  no  time  when  any  of  these  attacks,  or  propositions, 
or  sophisms,  have  made  any  serious  impression  on  the  public  mind. 
That  public  mind  has  been  too  honest  and  too  sagacious  to  cherish 
error,  or  to  be  led,  even  by  its  passions  or  its  prejudices,  to  the  com 
mission  of  injustice. 

There  is  no  State  in  the  Union — there  is,  in  my  opinion,  no  State 
in  the  world — in  which  public  faith  and  the  rights  and  property  of 
men  are  more  secure  than  in  New  Jersey.  There  is  no  State  in 
which  stronger  temptations  have  been  offered  to  violate  the  sanctity 
of  State  obligations  than  here ;  but  there  is  no  State  in  which  such 
temptations  have  been  more  contemptuously  spurned  or  more 
universally  despised.  To  live  in  such  a  State,  to  be  citizens  of  such 
a  commonwealth,  is  a  great  satisfaction.  To  die  in  such  a  com 
munity,  with  the  consoling  reflection  that  our  children  will  enjoy 
the  shelter  of  its  protection  and  all  the  benefits  of  its  just  laws 
and  free  and  noble  institutions,  divests  even  death  itself,  in  some 
measure,  of  apprehension.  In  the  natural  course  of  human  life, 
there  are  but  a  few  more  years  allotted  to  me.  I  am  withdrawn 
from  public  life,  and  never  expect  or  desire  to  reappear  on  its  sur 
face.  My  chief  desire  and  solicitude  with  respect  to  public  affairs 
are  concentrated  in  New  Jersey.  My  chief  ambition  is  to  be  re 
membered  as  one  of  her  sons,  who  honestly  and  assiduously  devoted 
himself  to  her  welfare.  There  is  a  monitor  within  my  breast  which 
assures  me  that,  whatever  may  be  the  views  of  any  of  my  fellow- 
citizens  in  relation  to  me  now,  however  harsh  their  judgment,  how 
ever  unrelenting  and  unforgiving  their  enmity  and  hostile  their 
attitude,  the  time  will  come,  when,  after  my  poor  remains  shall 
repose  beneath  the  sods  of  New  Jersey  with  those  of  my  ancestors, 


REPLY   TO   THE   CITIZENS    OF   TOM'S   RIVER.  75 

that  my  memory  will  be  cherished  with  respect,  and  that  my  name 
will  stand  on  the  page  of  New  Jersey's  history,  associated  forever 
with  those  whose  chief  ambition  was  the  promotion  of  her  prosperity, 
happiness,  and  glory. 

Gentlemen,  I  thank  you  for  the  letter  which  you  have  addressed 
to  me.     I  will  long  remember  it  as  a  flattering  evidence  of  true 
regard  from  my  fellow-citizens  at  Tom's  River. 
Very  faithfully, 

Your  friend  and  obedient  servant, 

R.  F.  STOCKTON. 


76  SAILS   FOR   THE   MEDITERRANEAN. 


CHAPTER  VII. 

MR.  STOCKTON  SAILS  IN  THE  OHIO  (SEVENTY-FOUR.)  FOR  THE  MEDITERRANEAN — GIVES 

HIS  ATTENTION  TO  NAVAL  ARCHITECTURE VISITS  ENGLAND FORMS  THE  DESIGN  OF 

A  STEAM  FRIGATE PROMOTED  TO  POST-CAPTAINCY — RETURNS  TO  UNITED  STATES — • 

STATE  OF  PARTIES — VAN  BUREN's  ADMINISTRATION — CORRUPTION — INSULT  TO  NEW 

JERSEY CAPTAIN  STOCKTON  REPUDIATES  VAN  BUREN SUPPORTS  HARRISON — MR. 

TYLER'S  INDEPENDENT  ACTION — OFFERS  THE  APPOINTMENT  OF  SECRETARY  OF  THE 

NAVY  TO  CAPTAIN  STOCKTON — DECLINED — CONSTRUCTION  OF  WAR-STEAMER  PRINCE 
TON — SUCCESS  OF  THIS  VESSEL — ACCIDENT REPORT  OF  COURT  OF  INQUIRY — CAP 
TAIN  STOCKTON  SAILS  TO  TEXAS  WITH  ANNEXATION  RESOLUTIONS — PREDICTS 
MEXICAN  WAR. 

IN  1838,  having  received  orders,  Mr.  Stockton  left  all  his  great 
interests  in  New  Jersey  without  delay,  and  repaired  to  the  post 
assigned  him. 

It  may  here  be  remarked  that  during  his  whole  period  of 
service  he  never  refused  or  declined  to  obey  a  single  order  of  the 
Navy  Department,  nor  did  he  ever  ask  to  have  any  order  modi 
fied  or  withdrawn,  but  always  promptly  obeyed,  whatever  might 
be  the  personal  sacrifice;  nor  was  he  in  one  single  instance  ever 
reprimanded  by  a  superior  in  rank,  or  subjected  to  a  court- 
martial  for  any  acts,  official  or  otherwise.  His  history  will  show 
that  this  exemption  from  such  incidents  to  a  long  period  of  service 
in  the  navy  was  not  owing  to  any  reluctance  on  his  part  to  the 
assumption  of  responsibility.  Not  General  Jackson,  or  any  other 
officer,  military  or  naval,  took  upon  himself  responsibility,  when 
the  welfare  of  the  service  required  it,  more  fearlessly  than  Stockton. 

He  sailed  for  the  Mediterranean  as  Flag  or  Executive  officer  of 
the  Ohio,  (seventy-four,)  flag-ship  of  Commodore  Hull.  He  was  like 
wise  bearer  of  despatches  from  the  administration  to  our  minister  in 
England.  While  there,  he  devoted  much  time  and  incurred  great 
expense  in  visiting  and  inspecting  the  naval  depots,  and  yards, 
and  shops,  and  marine  armaments  of  Great  Britain,  and  investi 
gating  the  improvements  in  naval  architecture.  At  this  time  he 
conceived  the  idea  of  constructing  a  formidable  steamship-of-war, 
with  all  her  machinery  below  water-line,  and  capable  of  carrying 
such  an  armament  as  would  make  her  invincible  for  defence  and 
the  most  destructive  of  all  known  instruments  of  war.  He  had  the 


PROMOTED   AND    RECALLED.  77 

model  of  such  a  ship  prepared  and  forwarded  to  the  United  States, 
and  subsequently,  as  will  be  hereafter  related,  on  a  reduced  scale, 
tested  its  practical  value  by  the  successful  construction  of  tho 
Princeton. 

Mr.  Stockton  did  not  remain  long  in  the  Mediterranean,  having 
been  promoted  in  1839  to  be  a  post-captain  and  recalled.  He  re 
turned  at  a  period  of  great  political  excitement.  The  suspension  of 
specie  payments  had  disturbed  the  financial  condition  of  the  country, 
and  commerce  and  industry  generally  were  embarrassed  or  paralyzed. 

Mr.  Van  Buren's  administration,  confiding  in  the  strength  of 
the  Jackson  Democratic  party,  by  whom  it  was  created,  was  cha 
racterized  by  a  reckless  defiance  of  public  opinion.  Relying  on  the 
coherence  of  party  attachments,  it  rather  defied  than  conciliated  tho 
people.  The  enormous  corruption  and  expenditures  of  the  Florida 
war,  the  numerous  cases  of  peculation  by  government  officers  tole 
rated  with  impunity,  the  proposition  recommended  by  Mr.  Van 
Buren  to  establish  an  immense  standing  army  and  substantially  to 
withdraw  from  State  control  the  militia,  and,  above  all,  in  (New 
Jersey)  the  contemptuous  treatment  of  the  Broad  Seal  of  the 
State,  by  the  refusal  to  receive,  in  violation  of  precedents,  the 
members  of  Congress  who  were  certified  by  the  Governor  to  be 
elected,  had  arrayed  against  Mr.  Van  Buren's  re-election  a  formid 
able  opposition,  including  in  almost  every  State  many  leading  men 
previously  attached  to  the  Democratic  party. 

Having  no  political  aspirations,  but  anxious  for  the  prosperity  of 
the  country,  Mr.  Stockton  had  acted  with  the  Democratic  party 
because  he  agreed  with  them  as  to  the  principles  best  adapted  to 
promote  the  welfare  of  the  people  and  protect  the  rights  of  the 
States.  But  when  he  saw  those  principles  disregarded  or  violated 
by  the  administration,  and  when,  as  in  the  case  of  the  New  Jersey 
members,  he  saw  State  rights  assailed  and  the  sovereignty  of  New 
Jersey  insulted,  he  determined  to  act  independently  and  in  accord 
ance  with  his  own  patriotic  feelings.  The  trammels  of  party  could 
not  compel  him  to  support  an  administration  which  he  disapproved. 
Measures  inconsistent  with  Democratic  principles  he  was  unwilling 
to  consider  Democratic  merely  because  supported  by  the  party.  A 
party,  he  believed,  could  be  false  to  its  own  professions.  The  course 
of  events  has  fully  justified  his  political  action  in  1840.  The  House 
of  Representatives  of  Congress  solemnly  reversed  the  principles  of 
the  decision  which  then  excluded  the  Jersey  members.  And  Mr. 
Van  Buren  by  his  apostasy  in  1848  justified  the  opinion  which 
Mr.  Stockton  entertained  of  his  merits  in  1840.  He  only  antici- 


78  OPPOSES  VAN  BUREN'S  RE-ELECTION. 

pated  the  judgment  of  condemnation  which  the  whole  party  have 
since  unanimously  awarded  him. 

After  having  made  up  his  mind  to  oppose  the  re-election  of  Mr. 
Van  Buren,  Mr.  Stockton  took  the  field,  and  addressed  the  people 
of  New  Jersey  in  almost  every  county  in  the  State.  No  correct 
reports  were  ever  given  by  the  press  of  his  efforts  on  these  occa 
sions.  Many  garbled  misrepresentations  of  them  were,  however, 
published,  which,  with  Mr.  Stockton's  usual  disregard  of  fame,  he 
never  thought  it  worth  while  to  notice.  The  author  of  these  pages 
was  so  fortunate  as  to  hear  him  address  the  people  several  times 
during  this  political  campaign,  and  we  have  a  distinct  recollection 
of  many  of  his  speeches,  which  all  bore  a  general  resemblance  to 
each  other. 

In  his  exordium  he  defined  his  position,  and  uniformly  avowed 
himself  an  unchanged  Democrat,  and,  because  he  was  such,  he 
opposed  Mr.  Van  Buren's  re-election.  He  stigmatized  Mr.  Van 
Buren's  administration  as  false  to  Democratic  principles,  measures, 
and  policy,  and,  in  all  his  speeches,  invariably  said  that,  should 
General  Harrison,  if  elected,  become  obnoxious  to  any  of  the  charges 
which  he  now  made  against  Mr.  Van  Buren,  he  should  be  found  as 
strenuous  an  opponent  of  him  as  he  was  of  Mr.  Van  Buren.  He 
declared  that  he  had  himself  no  political  objects  to  gain  by  a  change 
of  administration ;  that  all  he  desired  was  to  see  the  country  pros 
perous  and  happy,  State  rights  properly  regarded,  and  correct 
principles  and  measures  maintained. 

The  novelty  of  a  young  officer  of  the  navy  appearing  in  the  poli 
tical  arena,  boldly  arraigning  a  President  at  whose  will  his  commis 
sion  was  held,  excited  much  remark,  while  the  ability  and  eloquence 
wThich  he  displayed  astonished  and  electrified  his  hearers.  An 
immense  concourse  attended  whenever  he  was  invited  to  address  the 
people ;  and  all,  whether  friend  or  foe,  united  in  conceding  him  a 
high  rank  among  the  most  popular  orators  of  the  day.  His  power 
and  resources  as  a  political  speaker  took  the  people  by  surprise. 
The  wonder  was,  how  and  when  and  in  what  school  were  these  ora 
torical  faculties  cultivated?  Were  they  natural,  or  inherited,  or 
acquired?  A  clear  head,  a  sound  judgment,  confidence  in  his  own 
rectitude,  and  a  moral  intrepidity  that  quails  not  in  the  presence  of 
living  man,  are  distinguishing  characteristics  of  Mr.  Stockton. 
These  enable  him,  no  matter  with  whom  confronted,  however  refined 
or  exalted  the  persons  or  multitudinous  the  assemblage,  always  to 
retain  his  self-possession  and  exert  his  intellect  to  the  extent  which 
the  occasion  requires. 


SUSTAINS    PRESIDENT   TYLER.  79 

As  a  popular  speaker,  Mr.  Stockton  enjoys  a  high  reputation. 
But  those  who  know  him  best  say  that  his  strength  is  felt  to  be 
greatest  in  the  discussion  of  affairs  of  business.  Then  his  pene 
trating  sagacity,  strong  practical  common  sense,  and  clearness  of 
perception,  give  him  superior  weight  in  all  deliberative  councils. 

We  believe  that  many  entertain  the  opinion  that  Stockton  is  a 
man  of  impulse, — that  he  is  rash  and  impatient,  and  decides  with 
out  due  reflection.  No  opinion  is  more  groundless  and  erroneous. 
No  one  more  patiently  and  carefully  deliberates  before  he  attempts 
to  act.  Every  circumstance  is  duly  weighed,  every  obstacle  con 
sidered,  and  every  chance  of  defeat  canvassed,  before  he  determines 
upon  action.  But,  when  he  has  determined,  no  one  acts  with 
more  impetuous  promptness  or  vehemence :  to  conquer  difficulties 
then  becomes  in  him  a  passion.  Whether  in  public  speaking  or 
private  council,  the  perfect  honesty  and  sincerity  of  his  character 
always  give  to  his  opinion  an  intrinsic  force  and  weight  which  at  all 
times  command  respect. 

With  popular  manners  and  address,  courteous  to  all  who  approach 
him,  devotedly  attached  to  his  native  State,  of  which  he  was  begin 
ning  to  be  appreciated  as  a  benefactor,  it  is  not  remarkable  that  his 
political  exertions  produced  a  decided  influence  on  the  result.  New 
Jersey  gave  a  large  majority  of  votes  in  favour  of  General  Harrison, 
and  the  Van  Buren  party  was  defeated. 

Mr.  Tyler,  who,  being  Vice-President,  succeeded  to  the  Presidency 
on  the  death  of  General  Harrison,  soon  found  himself  opposed  by  the 
bulk  of  the  party  which  elected  him.  He,  too,  had  always  previously 
acted  with  the  Democratic  party  until  1840 ;  but,  disgusted  with  the 
measures  and  principles  of  Mr.  Van  Buren,  he  refused  to  support  his 
renomination  for  the  Presidency.  Though  he  would  not  go  with 
his  party  for  this  purpose,  nevertheless  he  had  never  disavowed  his 
former  principles  and  opinions.  When,  therefore,  the  triumphant 
leaders  of  the  administration  which  General  Harrison  formed  endea 
voured  to  seduce  Mr.  Tyler  to  approve  the  creation  of  a  national 
bank,  he  refused  to  become  their  instrument  for  that  purpose.  This 
produced  an  irreparable  breach  between  them.  Mr.  Stockton,  ap 
proving  Mr.  Tyler's  consistency,  and  the  moral  courage  with  which 
he  defied  the  difficulties  in  which  he  was  involved,  came  out  openly 
in  his  favour.  He  thought  Mr.  Tyler  right,  and  he  sustained  him 
without  any  regard  for  his  own  popularity  or  personal  interests. 
The  disinterestedness  of  his  support  of  President  Tyler  was  proved 
by  his  refusal  of  the  office  of  Secretary  of  the  Navy,  which  was 
pressed  upon  him  not  only  by  the  President,  but  which  numerous 


80  CONSTRUCTS   A   WAR-STEAMER. 

friends,  confident  in  his  abilities  to  discharge  the  duties  of  that  sta 
tion,  earnestly  solicited  him  to  accept.*  He  was  determined,  how 
ever,  that  his  motives  for  differing  with  friends  with  whom  he  had 
so  long  acted  should  not  be  impeached  by  being  supposed  to  be  in 
fluenced  by  ambition.  He  knew  them  to  be  patriotic,  and  he  would 
not  permit  them  to  be  tainted  by  any  such  imputation. 

For  several  years  previous  to  this  period,  Mr.  Stockton  had  given 
much  attention  to  gunnery  and  the  construction  of  steam-engines, 
and  also  to  naval  architecture.  'The  steamboats  and  locomotives 
constructed  by  his  friends,  the  Messrs.  Stevens,  (so  celebrated  as 
civil  engineers  and  for  their  scientific  attainments,)  for  the  railroad 
and  canal  companies,  gave  him  favourable  opportunities  to  obtain 
experience  and  knowledge  in  that  branch  of  the  arts.  Their  boats 
were  then,  as  they  continue  to  be,  models  of  beauty,  power,  and 
celerity. 

At  his  earnest  solicitation,  Mr.  Stockton  was  now  permitted  by 
the  Navy  Department  to  construct  a  steamship-of-war, — not  exactly 
of  the  dimensions  which  he  recommended,  but  on  a  reduced  model. 
There  were  at  this  time  no  national  steam-vessels  in  the  navy. 
The  government  had  entirely  neglected  to  avail  itself  of  that  won 
derful  agent  which  had  been  already  appropriated  to  warlike  pur 
poses  by  other  maritime  nations.  There  never  had  been  any  ship- 
of-war  at  this  period  constructed  by  the  United  States  to  which 
steam-power  had  been  successfully  applied.  The  Fulton  and  other 
previous  attempts  were  miserable  failures.  Stockton  had  for  several 
years  urged  upon  the  Department  the  importance  of  keeping  up 
with  other  nations  in  all  improvements  in  naval  architecture.  His 
advice  to  the  Navy  Department  was,  that  every  ship-of-war  thence 
forward  built  should  be  larger  and  more  effective  than  the  best  and 
most  powerful  vessels  constructed  by  the  British  or  French.  Thus, 
in  case  of  a  war  with  either  of  those  powers,  we  might  reasonably 
hope  to  win  some  laurels.  He  advised  the  Navy  Department  to 
apply  steam-power  to  all  our  vessels  already  built,  and  to  build 
hereafter  none  but  war-steamers  of  the  largest  size,  adapted  to  the 
largest  known  guns. 

The  head  of  the  Navy  Department  is  generally  a  politician,  more 
solicitous  to  obtain  popularity  among  the  officers  than  competent  to 
discharge  judiciously  the  functions  of  his  office.  He  listens,  there 
fore,  to  the  advice  of  the  superannuated  officers,  who,  with  pro- 


*  The  office  was  suffered  to  remain  vacant  several  weeks  by  the  President,  with 
the  hope  that  Captain  Stockton  would  be  prevailed  on  to  accept  it. 


THE    PRINCETON    COMPLETED.  81 

fessional  dogmatism,  denounce  all  novelties  and  pronounce  all  inno 
vations  dangerous.  The  application  of  steam  to  national  ships-of- 
war  from  the  first  was  resisted  by  many  naval  officers,  and  had  to 
encounter  many  prejudices  and  much  opposition.  It  was  confidently 
asserted  by  the  old  captains  that  sailing-vessels  would  never  be 
superseded  by  steam-vessels,  and  that  the  latter  would  be  worthless 
except  for  purposes  of  transportation. 

Notwithstanding  the  prevalence  of  these  opinions  at  Washington, 
ihe  urgency  of  Stockton's  advice  was  such  that  he  finally  obtained 
the  consent  of  the  Department  to  his  construction  of  a  steam- 
frigate,  though  very  inferior  in  dimensions  to  the  plan  which  he 
had  originally  proposed.  The  steamer  Princeton  was  commenced 
in  Philadelphia,  accordingly,  in  1842,  and  completed  in  1844. 
The  construction  of  the  Princeton  confuted  the  ignorance  and  anti 
quated  dogmas  of  the  Washington  Naval  Bureau.  Her  speed  and 
sailing  qualities,  her  admirable  model,  the  impregnable  security  of 
her  motive-power,  (being  placed  below  water-line,)  and  her  powerful 
armament,  made  her  an  object  of  universal  admiration.  Wherever 
she  appeared,  immense  crowds  gathered  to  witness  her  evolutions 
and  inspect  her  machinery.  She  was  kept  in  continual  service  from 
the  time  she  was  launched  until  the  antipathy  of  the  blundering  in- 
capables  who  controlled  the  Bureau  of  Construction  at  Washington 
directed  her  to  be  broken  up.  On  her  visit  to  the  Mediterranean 
she  attracted  the  attention  of  the  curious  and  of  the  skilful  engineers 
of  every  European  naval  power ;  and,  while  the  United  States  ne 
glected  to  multiply  such  cheap  and  efficient  auxiliaries  of  naval  de 
fence  after  her  model,  England  and  France  profited  by  the  experi 
ment,  and  their  navies  are  now  crowded  with  powerful  steamers, 
many  of  them  built  on  the  model,  and  possessing  all  the  peculiar 
characteristics,  of  the  Princeton. 

The  following  letter  of  Captain  Stockton,  descriptive  of  his  noble 
ship,  will  be  read  with  interest  by  those  who  remember  the  sensation 
produced  by  the  Princeton  on  her  first  appearance  in  our  waters : — 

"UNITED  STATES  SHIP  PRINCETON, 

"PHILADELPHIA,  February  5,  1844. 

«  SIR  : — The  United  States  ship  Princeton  having  received  her 
armament  on  board,  and  being  nearly  ready  for  sea,  I  have  the  honour 
to  transmit  to  you  the  following  account  of  her  equipment,  &c. 

"The  Princeton  is  a  < full-rigged  ship,'  of  great  speed  and  power, 
able  to  perform  any  service  that  can  be  expected  from  a  ship-of-war. 
Constructed  upon  the  most  approved  principles  of  naval  architec- 


82  HER   ADVANTAGES    OVER   SAILING-VESSELS. 

ture,  she  is  believed  to  be  at  least  equal  to  any  ship  of  her  class, 
with  her  sails.  She  has  an  auxiliary  power  of  steam,  and  can  make 
greater  speed  than  any  sea-going  steamer  or  other  vessel  heretofore 
built.  Her  engines  lie  snug  in  the  bottom  of  the  vessel,  out  of 
reach  of  an  enemy's  shot,  and  do  not  at  all  interfere  whh  the  use 
of  the  sails,  but  can  at  any  time  be  made  auxiliary  thereto.  She 
shows  no  chimney  and  makes  no  smoke,  and  there  is  nothing  in  her 
external  appearance  to  indicate  that  she  is  propelled  by  steam. 

"The  advantages  of  the  Princeton  over  both  sailing-ships  and 
steamers  propelled  in  the  usual  way  are  great  and  obvious.  She 
can  go  in  and  out  of  port  at  pleasure,  without  regard  to  the  force 
or  direction  of  the  wind  or  tide,  or  the  thickness  of  the  ice.  She 
can  ride  safely  with  her  anchors  in  the  most  open  roadstead,  and 
may  lie  to  in  the  severest  gale  of  wind  with  safety.  She  can  not 
only  save  herself,  but  will  be  able  to  tow  a  squadron  from  the  dan 
gers  of  a  lee-shore.  Using  ordinarily  the  power  of  the  wind,  and 
reserving  her  fuel  for  emergencies,  she  can  remain  at  sea  the  same 
length  of  time  as  other  sailing-ships.  Making  no  noise,  smoke,  or 
agitation  of  the  water,  (and,  if  she  chooses,  showing  no  sail,)  she 
can  surprise  an  enemy.  She  can  at  pleasure  take  her  own  position 
and  her  own  distance  from  the  enemy.  Her  engines  and  water- 
wheel  being  below  the  surface  of  the  water,  safe  from  an  enemy's 
shot,  she  is  in  no  danger  of  being  disabled,  even  if  her  masts  should 
be  destroyed.  She  will  not  be  at  a  daily  expense  for  fuel,  as  other 
steamships  are.  The  engines,  being  seldom  used,  will  probably  out 
last  two  such  ships.  These  advantages  make  the  Princeton,  in  my 
opinion,  the  cheapest,  fastest,  and  most  certain  ship-of-war  in  the 
world.  The  equipments  of  this  ship  are  of  the  plainest  and  most 
substantial  kind, — the  furniture  of  the  cabins  being  made  of  white 
pine  boards,  painted  white,  with  mahogany  chairs,  table,  and  side 
board,  and  an  American-manufactured  oil-cloth  on  the  floor.  To 
economize  room,  and  that  the  ship  may  be  better  ventilated,  curtains 
of  American-manufactured  linen  are  substituted  for  the  usual  and 
more  cumbrous  and  expensive  wooden  bulkheads,  by  which  arrange 
ment  the  apartments  of  the  men  and  officers  may  in  an  instant  be 
thrown  into  one,  and  a  degree  of  spaciousness  and  comfort  is  at 
tained  unusual  in  a  ship  of  her  class.  The  Princeton  is  armed  with 
two  long  225-pound  wrought-iron  guns  and  twelve  42-pound  car- 
ronades,  all  of  which  may  be  used  at  once  on  either  side  of  the  ship. 
She  can  consequently  tiirow  a  greater  weight  of  metal  at  one  broad 
side  than  most  frigates.  The  big  guns  of  the  Princeton  can  be  fired! 
with  an  effect  terrific  and  almost  incredible,  and  with  a  certainty 


EXPERIMENTS   WITH    HER    GUNS.  83 

heretofore  unknown.  The  extraordinary  effects  of  the  shot  were 
proved  by  firing  at  a  target,  which  was  made  to  represent  a  section 
of  the  two  sides  and  deck  of  a  seventy-four-gun  ship,  and  timbered, 
kneed,  planked,  and  bolted,  in  the  same  manner.  This  target  was 
five  hundred  and  sixty  yards  from  the  gun.  With  the  smaller 
charges  of  powder  the  shot  passed  through  these  immense  masses 
of  timber,  (being  fifty-seven  inches  thick,)  tearing  it  away  and 
splintering  it  for  several  feet  on  each  side,  and  covering  the  whole 
surface  of  the  ground  for  a  hundred  yards  square  with  fragments 
of  wood  and  iron.  The  accuracy  with  which  these  guns  throw  their 
immense  shot  (which  are  three  feet  in  circumference)  may  be  judged 
by  this : — that  six  shot  fired  in  succession  at  the  same  elevation 
struck  the  same  horizontal  plank  in  a  target  more  than  half  a  mile 
distant.  By  the  application  of  the  various  arts  to  the  purposes  of 
war  on  board  the  Princeton,  it  is  believed  that  the  art  of  gunnery 
for  sea-service  has,  for  the  first  time,  been  reduced  to  something 
like  mathematical  certainty.  The  distance  to  which  these  guns  can 
throw  their  shot,  at  every  necessary  angle  of  elevation,  has  been 
ascertained  by  a  series  of  careful  experiments.  The  distance  from 
the  ship  to  any  object  is  readily  ascertained  with  an  instrument  on 
board,  contrived  for  that  purpose,  by  an  observation  which  it  re 
quires  but  an  instant  to  make,  and  by  inspection  without  calcula 
tion.  By  self-acting  locks,  the  guns  can  be  fired  accurately  at  the 
necessary  elevation,  no  matter  what  the  motion  of  the  ship  may  be. 
It  is  confidently  believed  that  this  small  ship  will  be  able  to  battle 
with  any  vessel,  however  large,  if  she  is  not  invincible  against  any 
foe.  The  improvements  in  the  art  of  war  adopted  on  board  the 
Princeton,  may  be  productive  of  more  important  results  than  any 
thing  that  has  occurred  since  the  invention  of  gunpowder.  The 
numerical  force  of  other  navies,  so  long  boasted,  may  be  set  at 
naught.  The  ocean  may  again  become  neutral  ground,  and  the 
rights  of  the  smallest  as  well  as  the  greatest  nations  may  once  more 
be  respected. 

"All  of  which,  for  the  honour  and  defence  of  every  inch  of  our 
territory,  is  most  respectfully  submitted  to  the  honourable  Secre 
tary  of  the  Navy,  for  the  information  of  the  President  and  Congress 
of  the  United  States, 

"By  your  obedient  and  faithful  servant, 

«R.  F.  STOCKTON, 

"  Qaptain   U.  8.  Navy. 
"To  Hon.  lAviD  HENSHAW, 

"Secretary  of  the  Navy." 


84  EXCURSION   ON   BOARD   THE   VESSEL. 

The  enthusiasm  produced  by  the  appearance  ©f  the  Princeton 
wherever  she  went,  will  appear  from  the  following  extracts  from  a 
letter  dated  Washington,  February  20,  1844,  published  in  the  Ohio 
Statesman : — 

"  House  of  Representatives  on  board  the  Steamship  Princeton — 
Excursion  down  the  Potomac  and  lack — Captain  Stockton  and 
his  Ship — Coronation  dinner  on  board. 

"Washington,  Tuesday,  February  20,  1844. 

"When  the  Queen  of  Sheba  visited  King  Solomon,  who,  it  is  said, 
was  somewhat  partial  to  ladies,  she  declared  upon  her  sacred  honour 
that  not  the  half  had  been  told  her  of  the  power  and  glory  and  gal 
lantry  of  the  illustrious  philosopher-king,  the  mighty  successor  of 
the  minstrel-monarch  of  the  Golden  city  of  Zion  ;  so  it  is  impossible 
to  tell  you  the  half  that  we  saw  and  heard  and  enjoyed  in  the 
excursion  given  to  the  House  of  Representatives  by  Captain  Stock 
ton,  of  the  steam-frigate  Princeton,  this  day. 

"  The  morning  was  propitious,  auspicious,  and  tolerably  delicious. 
The  atmosphere,  it  is  true,  was  rather  misty  and  overclouded,  but 
the  wind  was  from  the  right  quarter ;  the  golden  angel  upon  the 
steeple  of  the  Rev.  0.  B.  Brown's  church  held  her  trumpet  stead 
fastly  to  the  south.  At  half-past  ten,  in  company  with  two  of  our 
Representatives — Messrs.  Morris  and  M'Causlen — of  the  House,  we 
set  out  on  foot  for  Greenleaf's  Point,  at  the  southern  extremity  of 
the  city,  distant  about  two  miles ;  but  the  mud  was  impassable,  and 
so  we  accepted  the  offer  of  a  passing  hackman  and  rode  it.  Had 
the  constituents  of  our  friends  seen  them  sitting  with  their  hats  off 
in  an  aristocratic-looking  coach,  on  the  way  to  the  landing,  we  doubt 
not  they  would  have  been  chalked  down  on  the  blackboard  for  future 
accountability. 

"  Arrived  at  the  landing,  we  discovered  the  Princeton,  with  her 
graceful  keel,  her  tall  and  tapering  spars,  lying  out  a  mile  off  in  the 
stream.  Several  boats  and  a  'broadhorn'  were  kept  plying  to  and 
fro  between  ship  and  shore  for  nearly  an  hour,  in  the  transportation 
of  most  of  the  honourable  members  of  the  House,  and  some  of  the 
Senate,  and  not  a  few  of  the  honourable  fraternity  of  reporters, 
among  which  was  your  faithful  ambassador  at  Washington  in  pro- 
pria  persona. 

"The  marines  were  discovered  drawn  up  in  line  on  the  upper 
deck  as  we  mounted  through  the  port-hole.  When  the  whole  com 
pany  of  visitors  were  aboard,  (some  three  hundred  persons,)  the  ship 
•was  put  in  motion  by  her  invisible  and  almost  noiseless  machinery 


THE  PEACEMAKER  AND  THE  OREGON.  85 

in  the  hold.  We  found  the  Princeton  armed  with  twelve  42-pounders 
and  two  tremendous  pieces  of  ten  tons'  weight  each,  (of  wrought  iron, 
carrying  a  ball  of  two  hundred  and  thirty  pounds  for  two  miles  with 
the  precision  of  a  rifle,)  all  on  the  upper  deck.  The  two  great  guns 
are  fixed  at  the  how  and  stern  of  the  ship,  and  are  called  the  l  Peace 
maker'  and  the  '  Oregon.'  These  two  '  bursters'  are  as  bright  as 
Aunt  Peggy's  pewter  plates  on  Saturday  evening,  shining  all  in  a 
row  on  the  top  shelf  of  the  kitchen-cupboard.  When  the  ship  was 
fairly  under  way,  Captain  Stockton,  mounting  one  of  the  guns,  said, 
'  Now,  gentlemen  of  the  House  of  Representatives,  fellow-citizens, 
and  shipmates,  we  are  going  to  give  a  salute  to  the  wisdom  of  this 
mighty  republic,  (God  bless  her !)  in  Congress  assembled.  Stand 
firm,  and  you  will  see  how  it  feels !'  In  rapid  succession  the  pieces 
were  fired,  the  ship  thrilling  and  the  distant  hills  reverberating  with 
the  thunder-peals.  The  instantaneous  combustion  of  forty  pounds 
of  gunpowder  in  a  discharge  from  the  '  Peacemaker'  closed  the 
round  of  twenty-six  guns.  The  deck  of  the  ship  was  enveloped  in 
smoke.  We  came  near  falling  over  the  venerable  Ex-President 
Adams  in  the  momentary  darkness.  Captain  Stockton's  voice  rose 
high  amid  the  din  of  the  battle.  'It's  nothing  but  honest  gunpow 
der,  gentlemen ;  it  has  a  strong  smell  of  the  Declaration  of  Inde 
pendence,  but  it's  none  the  worse  for  that.  That's  the  kind  of  music 
when  negotiations  fail.  It  has  a  little  of  the  ring  of  the  earthquake, 
but  it  tells  handsomely  on  salt  water.'  Some  one  asked  Mr.  Speaker 
Jones  what  was  the  main  question  before  the  House.  The  Speaker 
promptly  rejoined  that  'the  main  question  was  the  Navy,  and  that 
it  had  been  carried  by  the  casting  vote  of  the  Peacemaker.' 

« In  due  season  the  deputation  of  visitation  were  called  to  dinner 
in  the  cabin  on  the  middle  deck,  extending  the  whole  length  of  the 
ship.  Captain  Stockton  is  a  man  of  wealth;  and  the  scruples  of  the 
friends  of  retrenchment  will  be  appeased  when  they  learn  that  the 
magnificent  feast  prepared  for  the  occasion  was  drawn,  to  the  extent 
of  the  'extras,'  from  the  Captain's  private  resources.  It  was  a  feast 
of  substantial  and  delicacies  worthy  the  coronation-day  of  a  South 
American  Emperor.  Ducks  and  chickens,  turkeys  and  hams,  beef 
a-la-mode,  and  partridges,  &c. ;  ice  creams,  oranges,  apples,  raisins, 

almonds,  &c.;  champagne,  sherry,  cognac,  and but  we  forbear 

to  trespass  upon  the  feelings  of  the  Washingtonian  tee-totallers. 

"The  ship  passed  below  Alexandria,  till  the  Hill  of  Mount  Vernon 
and  the  sacred  residence  of  Washington  loomed  into  view  on  the 
right,  and  the  frowning  battlements  of  Fort  Washington  on  the  left, 
when  she  turned  about  and  returned.  Several  experimental  shots^ 


86  SENSATION    CREATED   BY   THE   VESSEL. 

were  made  from  the  < Peacemaker'  during  the  trip;  and  those  solid 
balls  of  two  hundred  and  thirty  pounds  skimmed  the  surface  of  the 
water  for  several  miles  with  the  lightness  of  an  arrow. 

"Nearly  the  whole  of  the  Ohio  delegation  were  on  board,  and  we 
were  gratified  to  learn  that  General  Moore  was  sufficiently  restored 
to  be  present.  Captain  Stockton  goes  for  Oregon.  He  says  if  the 
question  is  brought  to  the  tug  of  war,  he  will  undertake  to  defend 
the  mouth  of  the  Columbia  with  his  single  ship.  A  nobler  and  a 
hardier  man — a  man  whose  appearance  more  favourably  impresses 
you  with  his  qualifications  as  a  man  and  a  sailor — is  not  to  be  found 
than  Captain  Stockton. 

"The  ship  returned  by  three  o'clock,  having  steamed  it  part  of 
the  way  at  twelve  knots  an  hour.  The  river  was  filled  with  floating 
ice,  and  an  occasional  canvas-back  duck.  It  was  a  great  trip ;  and, 
if  any  thing  would  have  mitigated  Mr.  Cave  Johnson's  determina 
tion  to  retrench,  it  would  have  been  this  excursion ;  but  it  is  better, 
perhaps,  for  the  long  purse  of  the  people  that  he  was  not  of  this 
Congressional  deputation  of  visitation." 

The  following  is  from  the  Washington  correspondent  of  the  New 
York  Herald: — 

"Although  particularly  requested  not  to  particularize  individuals, 
yet  I  shall  transgress  so  far  as  to  mention  the  name  of  Captain 
Stockton,  who  made  his  first  appearance  here  at  the  levee.  He  was 
attended  by  a  crowd  wherever  he  moved,  and  again  and  again  was 
he  obliged  to  recount  the  exploits  of  the  Princeton,  especially  in 
coming  up  through  the  ice  of  the  Potomac.  The  utter  astonishment 
and  amazement  which  she  created  among  the  inhabitants  upon  the 
banks  of  the  river  is  not  easily  conceived,  as  they  beheld  this  fairy 
phantom-ship,  without  a  patch  of  sail  spread  upon  her  spars,  or  a 
living  soul  upon  her  decks, — without  the  slightest  evidence  of  steam, 
fire,  light,  or  life,  on  board,  still  plowing  her  onward  way  through 
the  immense  thickness  of  ice,  ripping,  tearing,  breaking,  crushing 
it  with  irresistible  power, — mirabile  dictu  !  The  Messrs.  Harpers 
will  please  issue  proposals  for  a  new  edition  of  the  'Arabian  Nights,' 
and  Irving  must  retouch  his  legends  of  the  <  Flying  Dutchman  ;'  for 
the  age  of  romance  is  come  again. 

"To-day  the  Captain  invigorates,  advises,  and  prepares;  and  to 
morrow  the  President  and  suite — a  private  party — will  visit  the 
Princeton.  It  will  be  a  select  party,  but  I  think  you  will  get  a 
report  of  it." 

Undoubtedly  the  eclat  which  Mr.  Stockton  obtained  by  his  suc 
cessful  construction  of  the  Princeton  provoked  the  jealousy  of  some 


SECOND   EXCURSION    ON   THE   POTOMAC.  87 

petty  spirits  in  the  navy;  and  soon  after  her  return  from  the 
Mediterranean,  and  immediately  following  the  resignation  of  his 
commission  in  the  navy  by  Mr.  Stockton,  she  was  directed  to  be 
broken  up,  on  the  pretence  that  her  timbers  were  so  rotten  as  to 
render  her  repair  impracticable ;  but  immediately  upon  the  election 
of  Commodore  Stockton  to  the  Senate  of  the  United  States,  she  was 
ordered  to  be  rebuilt.  But  her  model  was  spoiled  and  her  ma 
chinery  changed,  so  that  she  in  no  way  resembled  herself  as  she 
came  from  the  hands  of  her  original  architect.  In  a  speech  in  the 
Senate  on  the  navy,  Commodore  Stockton  pronounced  her,  as  re 
built,  "an  abortion  in  the  service."* 

No  vessel,  during  the  Mexican  war,  was  more  useful  than  the 
Princeton  in  the  Gulf  of  Mexico.  The  records  of  the  Navy  De 
partment  will  show  that  she  performed  more  service  than  all  the  rest 
of  the  Gulf  squadron  put  together. 

On  the  28th  of  February,  the  President,  Cabinet,  and  a  large 
number  of  members  of  Congress,  and  distinguished  strangers  in 
Washington,  went  on  board  the  Princeton  for  an  experimental  ex 
cursion.  The  beauty  and  the  chivalry  of  the  United  States  assem 
bled  at  the  seat  of  government  were  also  present.  A  more  gay, 
joyous,  or  delighted  company  seldom  before  were  ever  gathered  to 
gether  on  the  deck  of  any  one  of  our  national  ships.  It  was  a 
beautiful,  bright  day,  and  the  resplendent  sun  blazed  upon  the  firma 
ment  without  a  cloud  to  threaten  his  effulgence.  The  Potomac  was 
unruffled  by  a  breeze,  its  glassy  surface  presenting  the  lustre  and 
serenity  of  a  perfect  mirror.  As  the  Princeton,  without  the  aid  of 
wind  or  current,  smoothly  pursued  her  way  as  if  moved  by  some  un 
seen  agency,  no  cloud  of  smoke  marked  her  progress,  no  uncouth 
sounds  of  jarring  machinery  mingled  with  the  voice  of  festivity 
which  rose  in  pleasant  harmony  from  the  deck  of  the  gallant  vessel. 
There  were  grave  matrons,  mothers  of  the  naval  and  army  heroes  of 
the  country ;  there  were  illustrious  senators  and  curious  statesmen ; 
and  there  were  youth  and  beauty,  light-hearted  and  joyous.  There, 
too,  were  gallant  post-captains,  generals,  distinguished  engineers, 
and  men  of  science,  come  to  feast  their  eyes  upon  this  nautical 
wonder,  this  gem  of  the  ocean,  this  last  effort  of  American  genius, 
skill,  and  architectural  ingenuity. 

It  is  not  possible  to  suppose  that  the  heart  of  the  gallant  com 
mander  did  not  throb  with  patriotic  exultation,  or  that  he  did  not 
consider  all  his  risks  in  past  years,  his  toils,  his  hardships,  the 

*  See  Appendix. 


88  BURSTING    OF    THE    PEACEMAKER. 

sneers  of  enemies  and  the  derision  of  the  ignorant,  (which  had  so 
often,  within  a  short  time  previous,  lightly  esteemed  his  experiment 
in  the  construction  of  this  ship,)  more  than  compensated  by  the 
universal  homage  which  rewarded  his  success.  The  grateful  tribute 
of  general  popular  admiration  and  applause  now  flowed  upon  him  in 
torrents.  "He  was  the  observed  of  all  observers."  We  have  been 
informed  that  he  has  himself  said  that  on  that  day  he  felt  perfectly 
happy.  He  had  attained  the  acme  of  his  hopes  for  the  navy  and  his 
country ;  yet,  from  that  lofty  height  of  honourable  exaltation,  in  a 
single  instant,  with  the  flash  of  a  gun,  he  was  plunged  into  wo  un 
utterable,  and  prostrated  to  the  earth  with  the  groans  of  the  dying 
and  the  lamentation  of  the  living  vibrating  with  agonizing  poig 
nancy  through  every  avenue  of  consciousness. 

During  her  progress  down  the  Potomac,  the  great  guns  on  the 
Princeton  had  been  again  and  again  discharged,  until  public  curi 
osity  appeared  to  be  satiated.  The  company  had  returned  below, 
and  at  the  festive  board  the  voice  of  hilarity  resounded  through  the 
decks  of  the  proud  ship.  Toasts  were  given  appropriate  to  the 
occasion,  and  all  went  merry  as  the  sound  of  marriage-bells.  The 
feast  of  reason  and  the  flow  of  soul  was  nearly  spent.  Some  of  the 
guests  had  commenced  retiring  from  the  board  and  renewing  their 
scrutiny  on  the  different  parts  of  the  ship.  Captain  Stockton  had 
risen  to  offer  a  toast  complimentary  to  the  chief  magistrate  of  the 
republic.  As  he  rose,  with  his  wine-glass  filled  in  his  hand,  an  officer 
entered  and  informed  him  that  some  of  the  company  desired  one  of 
the  great  guns  to  be  again  discharged.  Captain  S.  shook  his  head, 
and  saying  "No  more  guns  to-night,"  dismissed  the  officer.  He  soon 
again  returned,  while  Captain  S.  was  speaking  on  the  subject  of  his 
toast,  with  a  message  from  the  Secretary  of  the  Navy  expressive  of 
his  desire  to  see  one  of  the  big  guns  fired  once  more.  This  message 
Captain  Stockton  considered  equivalent  to  an  order,  and  immediately 
went  on  deck  to  obey  it.  He  placed  himself  upon  the  breech  of  the 
gun,  aimed,  and  fired.  Feeling  a  sensible  shock,  stunned  and  en 
veloped  in  a  cloud  of  smoke,  for  an  instant  he  could  not  account  for 
his  sensations.  But,  in  a  few  seconds,  as  the  smoke  cleared,  and 
the  groans  of  the  wounded  and  the  shrieks  of  the  bystanders  who 
were  unhurt  resounded  over  the  decks,  the  terrible  catastrophe  which 
had  happened  was  revealed.  But,  in  that  appalling  hour,  when 
other  men  in  similar  circumstances  would  have  been  utterly  para 
lyzed,  if  not  crushed  into  utter  imbecility,  he,  of  all  the  crowd  around, 
alone  seemed  to  retain  possession  of  his  faculties.  He  was  severely 
hurt,  but  the  strength  of  his  intellectual  powers,  now  intensely  con- 


DISASTROUS    EFFECTS    OF   THE   ACCIDENT.  89 

centrated,  sustained  him.  Calmly  but  clearly  his  voice  pealed  over 
the  elements  of  confusion  and  disturbance;  and  a  few  brief  orders, 
recalling  his  men  to  a  sense  of  duty,  were  given,  the  dead  and  the 
wounded  ascertained,  and  all  proper  dispositions  respecting  both 
being  made,  when,  as  he  turned  to  leave  the  sad  scene,  he  fell  into 
the  arms  of  his  men  exhausted  physically,  and  was  borne  insensible 
to  his  bed. 

The  unfortunate  sufferers  by  the  explosion  who  were  killed  were 
the  Hon.  Abel  P.  Upshur,  Secretary  of  State ;  the  Hon.  Thomas 
W.  Gilmer,  Secretary  of  the  Navy  ;  Captain  Beverley  Kennon, 
United  States  Navy ;  Hon.  Virgil  Maxey,  of  Maryland ;  and  the 
Hon.  David  Gardiner,  father-in-law  of  the  President. 

We  need  not  say  that  none  among  the  friends  of  the  deceased 
were  more  sorrow-stricken  by  their  untimely  fate  than  Captain 
Stockton.  But  every  generous  and  susceptible  heart  in  the  nation, 
acquainted  with  the  man,  felt  and  knew  that  he  was  entitled  to  ft 
full  proportion  of  their  commiseration. 

Every  disposition  was  manifested,  by  the  press  and  the  public,  to 
consider  the  catastrophe  temperately  and  justly. 

The  following  is  an  extract  from  one  of  the  cotemporary  New 
York  papers,  which,  with  the  Report  of  the  Court  of  Inquiry,  be 
longs  to  the  history  of  this  event : — 

"UNITED    STATES    STEAMSHIP   PRINCETON. 

"  This  noble  ship  left  the  Potomac  on  Tuesday  for  Philadelphia. 
Captain  Stockton,  though  yet  much  indisposed  from  the  effects  of 
the  recent  accident,  is  on  board  the  ship. 

"We  copy  from  the  Washington  papers  of  yesterday  the  annexed 
Official  Report  of  the  Naval  Court  of  Inquiry — composed  of  Cap 
tains  Bolton,  McKeever,  and  Aulick — appointed  to  investigate  and 
report  upon  the  circumstances  connected  with  the  late  disastrous  ex 
plosion  on  board  the  Princeton.  The  result  of  the  investigation, 
carefully  and  fairly  made,  shows  that  the  occurrence  in  question  was 
one  of  those  which  sometimes  take  place  notwithstanding  the 
exercise  of  the  utmost  human  care  and  precaution  combined  with 
thorough  skill  and  science.  The  perfect  success  achieved  by  Cap 
tain  Stockton  in  the  construction  of  the  Princeton  constitutes  a 
triumph  in  the  art  of  naval  defence  of  which  the  country  has  just 
reason  to  be  proud,  and  the  melancholy  catastrophe  under  considera 
tion  no  more  detracts  from  the  praise  due  to  Captain  Stockton 
than  did  the  event — strikingly  parallel  in  its  character — of  the 


90  REPORT  OF  THE  COURT  OF  INQUIRY. 

death  of  Mr.  Huskisson,  the  British  statesman,  at  the  memorable 
original  trial  of  locomotive  steam-power  on  the  Liverpool  and  Man 
chester  Railroad,  take  from  the  merits  of  Ericsson  and  others, 
whose  inventive  genius  has  since  led  to  such  astonishing  results. 

"OFFICIAL   REPORT. 

"  The  Naval  Court  of  Inquiry  convened  by  order  of  the  Secretary 
of  the  Navy,  by  a  precept  under  his  hand,  bearing  date  the  6th  day 
of  March  instant,  for  the  purpose  of  inquiring  into  the  conduct  of 
Captain  Robert  F.  Stockton  and  officers,  in  relation  to  the  experi 
ments  and  proofs  which  preceded  the  construction  and  the  proof 
and  subsequent  explosion  of  one  of  the  great  guns  of  the  Princeton, 
occasioning  the  awful  and  distressing  catastrophe  which  has  recently 
occurred  on  board  the  said  ship,  and  to  report  the  opinion  of  said 
court  on  the  matters  thus  referred  to  it,  respectfully  submit  to  the 
consideration  of  the  Honourable  the  Secretary  of  the  Navy  the  evi 
dence  which  has  been  laid  before  it  in  relation  to  the  premises. 

"  In  further  performance  of  the  duty  imposed  on  it,  the  court 
would  respectfully  report : — 

"  That,  in  pursuing  the  investigation  with  which  it  has  been 
charged,  the  court  was  limited  to  the  facts  and  circumstances  im 
mediately  connected  with  the  captain  and  officers  of  the  Princeton 
anterior  to  and  immediately  attending  the  explosion  of  one  of  the 
large  guns  on  board  that  vessel  on  the  28th  February  last.  This 
investigation  has  satisfied  the  court. 

"  That,  in  the  year  1839,  Captain  Stockton  being  in  England, 
his  attention  was  attracted  to  the  extraordinary  and  important  im 
provements  which  had  recently  been  introduced  into  the  manufac 
ture  of  large  masses  of  wrought-iron,  as  a  substitute  for  cast-iron, 
for  objects  which  required  a  combination  of  strength  and  adhesive 
ness  or  toughness.  Large  shafts  for  steam-engines  had  been  thus 
fabricated,  which  experience  had  demonstrated  to  be  superior,  in 
those  qualities  which  were  desirable,  to  the  same  articles  manufac 
tured  of  cast-iron. 

"  These  circumstances  appear  to  have  led  Captain  Stockton  to 
consider  the  question  how  far  the  same  material  might  be  employed 
in  the  construction  of  cannon  of  a  large  calibre.  He  appears  to 
have  been  animated  by  motives  the  most  patriotic,  stimulated  by 
the  laudable  desire  of  being  himself  instrumental  in  promoting  the 
honour  of  his  country  and  of  elevating  that  branch  of  the  service 
with  which  he  was  personally  connected.  To  what  extent  his 


REPORT   OF   THE    COURT    OF   INQUIRY.  91 

inquiries  were  carried  the  court  has  not  been  advised ;  but  it  is  in 
evidence  that  he  did  advise  and  consult  with  three  gentlemen  pos 
sessing,  from  their  scientific  acquirements  and  practical  experience 
on  such  subjects,  very  superior  qualifications  in  questions  of  this 
character,  and  whose  opinions  were  entitled  to  high  respect : — Mr. 
William  Young,  Captain  Ericsson,  and  Francis  B.  Ogden,  Esq., 
are  the  gentlemen  to  whom  allusion  is  made. 

"After  much  deliberation,  and  several  consultations,  with  cal 
culations  furnished  from  the  same  quarter,  Captain  Stockton  deter 
mined  upon  the  construction  of  a  gun  of  the  proposed  dimensions, 
for  the  purpose  of  testing  the  opinions  of  scientific  men  by  the 
results  of  experience.  A  cannon  was  accordingly  made  at  the 
Mersey  Works,  of  Yorkshire  iron,  which,  being  approved  of,  was 
shipped  to  the  United  States.  Having  been  properly  prepared  for 
the  purpose,  this  gun  was  carried  to  Sandy  Hook  and  subjected  to 
what  was  deemed  the  proper  test.  After  the  first  firing,  prepara 
tions  were  made  to  mount  the  gun.  In  doing  this  a  crack  was  per 
ceived  opposite  the  chamber,  which  induced  Captain  Stockton  to 
have  the  breech  strengthened  by  putting  bands  around  it.  These 
bands  are  represented  as  being  three  and  a  half  inches  in  thickness. 
With  this  additional  strength  given  to  the  defective  part  of  the  gun, 
the  experiments  were  renewed,  and  the  result  was  a  decided  convic 
tion  upon  the  minds  of  all  connected  with  them,  that,  in  general, 
the  anticipations  of  Captain  Stockton  were  perfectly  realized ;  and, 
secondly,  that  if  a  gun  of  this  construction  should  yield  to  the  force 
of  the  trial,  it  would  be  by  a  simple  opening,  and  not,  as  in  cast- 
iron,  a  violent  disruption  and  scattering  of  the  fragments. 

"  The  success  of  these  experiments  was  such  as  to  decide  Captain 
Stockton  forthwith  to  direct  the  construction  of  another  gun  of  a 
similar  character,  to  be  made  of  American  iron,  which  is  usually 
regarded  as  superior  in  strength  and  tenacity  to  the  English  iron. 
This  second  gun — the  same  which  exploded  on  board  the  Princeton — 
was  constructed  with  a  chamber  similar  to  that  of  the  first  gun,  with 
an  additional  thickness  of  twelve  inches  at  the  breech, — a  difference, 
even  if  the  metal  were  only  of  equal  goodness,  far  more  than  suffi 
cient  to  compensate  for  the  bands  by  which  the  first  had  been 
fortified. 

"  Application  was  made  to  Colonel  Bomford,  of  the  Ordnance 
Department  of  the  Army,  who,  it  is  well  known,  has  been  profes 
sionally  occupied  in  experimenting  upon  guns  of  a  large  calibre, 
and  his  opinion  requested  as  to  the  proper  proof  to  which  such  a 
gun  ought  to  be  subjected.  The  proof  suggested  by  Colonel  Bom- 


92  REPORT    OF    THE    COURT    OF    INQUIRY. 

ford  as  a  suitable  one  will  be  found  in  his  letter  of  November  25, 
1840,  appended  to  the  record.  The  new  gun  constructed  by  order 
of  Captain  Stockton  exceeded  in  dimensions  and  weight,  conse 
quently  should  also  have  surpassed  in  strength,  that  contemplated 
by  Colonel  Bomford,  they  being  of  the  same  calibre  ;  and  the  proof 
to  which  this  cannon  was  subjected  was  much  more  severe  than 
what  was  proposed  as  sufficient  by  that  experienced  officer. 

"  In  view  of  all  the  circumstances  briefly  adverted  to,  but  minutely 
detailed  in  the  evidence  which  is  spread  upon  the  record,  the  court 
entertains  a  distinct  and  confident  opinion  that,  in  originally  form 
ing  the  plan  for  the  construction  of  large  guns,  Captain  Stockton 
proceeded  on  well-established  practical  facts ;  that,  in  coming  to  a 
decision  upon  the  feasibility  of  the  contemplated  project,  he  did  not 
rely  upon  his  own  theoretical  opinions,  but  resorted  to  men  of 
science  and  practical  skill  for  advice,  and  that  he  was  fully  sus 
tained  by  their  judgment  in  every  particular ;  that  a  series  of 
experiments  and  trials  with  the  two  guns  fully  sustained  the  deduc 
tions  of  the  gentlemen  whose  advice  was  sought,  and  justified  the 
most  assured  confidence  in  the  durability  and  efficiency  of  the  gun. 

"In  regard  to  the  mode  of  loading  and  firing  on  every  occasion, 
and  emphatically  that  which  was  followed  by  the  explosion,  it  is 
established  by  the  fullest  proof,  to  the  entire  satisfaction  of  the 
court,  that  every  care  and  attention  which  prudence  and  profes 
sional  capacity  could  dictate  was  observed.  No  shadow  of  censure 
in  this  respect  can  be  attached  to  any  officer  or  any  of  the  crew  of 
the  Princeton. 

"In  regard  to  the  conduct  and  deportment  of  the  captain  and 
officers  of  the  Princeton  on  the  occasion  of  the  deplorable  catastrophe 
which  occurred  on  the  28th  of  February  last,  the  court  feels  itself 
bound  to  express  its  opinion  that  in  all  respects  they  were  such  asi 
were  to  be  expected  from  gallant  and  well-trained  officers,  sustain 
ing  their  own  personal  character  and  that  of  the  service: — markedi 
with  the  most  perfect  order,  subordination,  and  steadiness. 

"  In  conclusion,  the  court  is  also  decidedly  of  opinion  that  not! 
only  was  every  precaution  taken  which  skill,  regulated  by  prudence 
and  animated  by  the  loftiest  motives,  could  devise  to  guard  against  i 
accident,  but  that  Captain   Stockton,   Lieutenant  Hunt,  and  Mr. 
King,  the  gunner,  who  had  attended  to  and  directed  all  the  experi 
ments  and  trials  of  these  guns,  exhibited  only  a  due  confidence  ini 
what  they  had  witnessed,  in  placing  themselves  on  every  occasion, 
and  particularly  on  that  of  the  explosion,  almost  in  contact  with 
the  gun,  and  in  a  position  apparently  not  only  more  dangerous  than 


STOCKTON   PREDICTS   THE    MEXICAN   WAR.  93 

any  other,  but  that  which  might  rationally  have  been  deemed  the 
only  perilous  situation  on  board  the  vessel. 

"  The  court,  having  thus  completed  its  business,  adjourned  sine  die. 

«  (Signed)  W.  C.  BOLTON,  President. 

«  RICHARD  S.  COXE,  Judge- Advocate." 

Captain  Stockton  was  selected  by  President  Tyler,  at  the  close 
of  his  administration,  as  the  bearer  of  the  celebrated  annexation 
resolutions  to  the  government  of  Texas.  Immediately  on  the  adop 
tion  of  the  resolutions  by  Congress,  he  sailed  on  this  mission,  in  the 
steamer  Princeton,  for  Galveston.  The  delicate  and  important 
duties  with  which  he  was  charged  he  performed  in  such  a  manner 
as  to  obtain  the  entire  approval  of  the  new  administration  of 
Mr.  Polk. 

While  in  Texas,  his  prescient  eye  foresaw  the  coming  conflict  with 
Mexico ;  and  on  his  return  to  Washington  he  communicated  to  Mr. 
Polk  the  grounds  of  his  belief  that  war  would  soon  commence.  He 
also  expressed  an  earnest  desire,  in  that  event,  for  some  command 
which  would  enable  him  to  take  an  active  part  in  the  anticipated 
contest. 


94  ORDERED    TO   THE   FRIGATE    CONGRESS. 


.      CHAPTER   VIII. 

CAPTAIN  STOCKTON  ORDERED  TO  THE  FRIGATE    CONGRESS — HIS  LETTER  TO    THE    SECRE 
TARY    OF    THE    NAVY — SAILS    FOR    THE    SANDWICH    ISLANDS — VOYAGE — A    SABBATH 

ON  THE  CONGRESS — INCIDENT  AT  CALLAO DIFFICULTIES  IN  THE   SANDWICH  ISLANDS 

WITH    THE    NATIVE    GOVERNMENT — SPEECH    IN    PRESENCE  OF  THE    KING SAILS  FOR 

MONTEREY. 

MR.  POLK  concurred  with  Captain  Stockton  in  his  opinion  re 
specting  the  probability  of  a  war  with  Mexico ;  and,  looking  upon 
California  as  the  proper  theatre  on  the  Pacific  coast  for  the  prose 
cution  of  hostilities  against  Mexico  in  the  event  of  a  war,  he  dis 
played  his  confidence  in  the  discretion  of  Captain  Stockton  by  ap 
pointing  him  to  reinforce  our  squadron  in  that  quarter.  The  reports 
from  the  emigrants  who  had  been  allured  to  California  by  promises 
of  liberal  grants  of  land  were  beginning  to  excite  much  interest  in 
the  United  States  for  that  country;  and  some  indications  of  a  grow 
ing  cupidity  for  its  acquisition  may  be  discovered  in  the  newspapers 
of  1844-5,  as  well  as  in  the  debates  of  Congress.  After  the  declara 
tion  of  war,  the  avidity  of  the  government  for  the  conquest  of  Cali 
fornia  was  manifested  in  its  instructions  to  both  naval  and  military 
officers ;  and,  in  its  eagerness  for  the  acquisition,  instructions  were 
indiscriminately  given  to  both  arms  of  the  service  in  such  a  manner 
as  created  a  conflict  of  authority. 

At  this  time,  however,  Captain  Stockton  supposed,  from  the  un 
settled  question  of  the  Oregon  boundary,  that  there  was  about  the 
same  probability  of  war  with  England  as  with  Mexico.  He  would 
therefore  have  preferred  service  in  a  quarter  where  he  would  be 
more  likely  to  meet  an  enemy  on  his  own  element,  whose  immense 
resources  and  powerful  marine  would  test  to  its  utmost  capacity  the 
skill  and  valour  of  the  American  navy. 

The  Baltimore  National  Democratic  Convention  had  pledged  the 
new  administration  to  the  boundary  of  54°  40',  and  Captain  Stock 
ton  believed  that  the  administration  were  disposed  to  redeem  that 
pledge ;  they  probably  would  have  been  compelled  to  do  so  had  not 
the  difficulty  with  Mexico  intervened. 

The  frigate  Constellation  was  first  designated  as  the  ship  to  the 
command  of  which  he  would  be  appointed ;  but,  subsequently,  he 


LETTER  TO  THE  SECRETARY  OF  THE  NAVY.          95 

•was  ordered  to  hoist  his  broad  pennant  on  the  Congress,  which  could 
be  got  ready  for  sea  in  less  time,  and  in  her  he  was  instructed  to 
convey  the  commissioner,  Mr.  Ten  Eycke,  to  the  Sandwich  Islands, 
with  sealed  orders  respecting  his  future  destination. 

His  letter  to  the  Secretary  of  the  Navy,  dated  on  the  Congress, 
at  Norfolk,  and  written  on  the  eve  of  sailing,  (and  which  we  annex,) 
details  graphically  the  history  of  his  appointment  to  that  ship.  It 
likewise  affords  striking  evidence  of  the  avidity  with  which  he  sought 
a  post  where  danger  threatened  arid  glory  might  be  achieved.  It 
shows  also  how  keenly  sensitive  he  was  (in  the  possible  event  of  a 
war  with  Great  Britain)  of  being  supposed  "a  volunteer"  on  service 
remote  from  danger.  The  concluding  paragraph  of  this  letter, 
breathing  a  lofty  and  self-sacrificing  spirit  of  devoted  patriotism,  is 
a  fitting  prologue  to  the  grand  drama  of  the  California  campaign  : — 

"UNITED  STATES  FRIGATE  CONGRESS, 
NORFOLK,  VA.,  October  24,  1845. 

"SiR, — I  have  the  honour  to  acknowledge  the  receipt  of  your 
letter  of  the  17th,  ordering  me  to  proceed  in  the  Congress  to  the 
Sandwich  Islands,  &c.  &c. ;  and  also  the  <  sealed  orders'  which  I 
am  not  to  open  till  I  am  'beyond  the  capes  of  Virginia.' 

"The  following  expression  in  your  letter  of  the  17th — 'So  soon 
as  the  United  States  frigate  of  which  you  have  volunteered  to  take 
command,  in  connection  with  the  "sealed  package,"  ' — has  given 
rise  in  my  mind  to  some  reflections  that  prompt  me  to  recall  to  your 
remembrance,  in  the  most  humble  and  respectful  manner,  the  cir 
cumstances  under  which  I  felt  constrained,  by  every  principle  of 
patriotism  and  personal  honour,  to  accept  or  volunteer  for  the  com 
mand  of  the  Congress. 

"  Having  performed,  in  the  best  way  I  could,  the  duty  assigned  to 
me  in  Texas,  I  returned  to  the  United  States,  to  bring  the  glad 
tidings-  of  annexation,  and  to  explain  to  you  my  views  (the  import 
ance  of  which  I  nc  doubt  overrated)  in  regard  to  our  relations  with 
Mexico.  During  those  conversations  I  stated  to  you  that  I  thought 
Mexico  would  probably,  when  ready,  commence  hostilities.  You 
suggested  that  it  was  important  to  have  the  Princeton  back  in  the 
Gulf  as  soon  as  possible,  that  a  constant  and  certain  communication 
might  be  kept  up  with  Vera  Cruz ;  and  mentioned  Commander 
Engle  as  the  officer  whom  you  thought  of  ordering  to  command  her, 
and  ordered  me  to  make  the  necessary  arrangements  to  fit  out  the 
Constellation.  My  only  desire  was  to  do  as  you  wished,  and  to  be 
ready,  with  a  good  ship  under  me,  to  take  part — any  part — in  the 


96  SAILS   FOR   THE    SANDWICH   ISLANDS. 

expected  conflict  in  the  Gulf.  I  was  satisfied  with  the  Princeton ; 
I  applied  for  no  change ;  I  suggested  none.  But,  as  you  wanted  the 
Princeton  as  a  tender  to  Commodore  Conner,  and  offered  me  the 
Constellation  in  her  place,  I  was  still  better  pleased,  because  I 
thought  I  was  pleasing  you  and  at  the  same  time  would  have  a 
ship  larger,  stronger,  and  more  effective  even,  than  the  Princeton, 
and  that  I  would  then  be  ready  for  war,  come  from  where  it  might. 
You  changed  your  notions,  and  ordered  me  to  proceed  no  farther 
with  the  Constellation.  The  Princeton  had  gone  to  the  Gulf,  and  I 
was  a  volunteer  idler  on  shore,  having  left  a  cruising  ship  at  a  time 
of  threatened  hostilities.  To  relieve  myself  from  this  painful  situa 
tion  you  offered  me  no  facility,  and  I  saw  no  way  open  but  to  apply 
to  fit  out  the  Congress  or  some  other  ship.  If  you  had  time  to 
give  to  my  poor  character  and  position  a  few  moments'  considera 
tion,  I  am  sure  you  would  appreciate  the  feelings  which  prompted 
me  to  ask  to  fit  out  the  Congress,  and  would  not  suppose  for  one 
moment  that  I  could  have  volunteered  to  command  the  Congress 
as  she  now  is,  with  <•  sealed  orders'  and  twelve  passengers- — men, 
women,  and  children.  My  great  object  in  the  first  place  was  to  be 
prepared,  in  the  event  of  a  war  with  Mexico,  to  try  to  do  something 
creditable  to  the  navy.  If  Mexico  did  not  make  war,  I  wanted 
then  to  get  a  ship  ready  for  England,  that  might  be  able  to  keep 
the  station  to  which  she  was  ordered,  and  not  to  go  cruising  about 
with  passengers  in  time  of  peace,  and  in  war  to  run  away  (as  the 
Congress  must  necessarily  do)  from  the  English  squadron  in  the 
Pacific.  They  not  only  have  a  much  larger  squadron,  led  by  an 
eighty-gun-ship,  but  have  means  of  communication  which  will  enable 
them  to  receive  their  despatches  months  before  we  can. 

"  But  here  I  am ;  and,  whatever  that  ominous-looking  package 
may  contain,  and  wherever  I  am  ordered  to  go,  or  whatever  I  am 
ordered  to  do,  by  the  leave  of  Providence  there  I  will  go,  and 
that  I  will  do,  in  the  best  way  I  can. 

"Faithfully,  your  obedient  servant, 

«  B.  F.  STOCKTON. 

«  To  the  Hon.  GEORGE  BANCROFT, 

"Secretary  of  the  Navy." 

On  the  25th  of  October,  the  Congress  heaved  anchor  and  pro 
ceeded  with  a  light  breeze  towards  sea.  On  reaching  Hampton 
Boads,  the  wind  out  ahead,  the  anchors  were  reluctantly  dropped. 
There,  for  five  weary  days,  lay  the  gallant  vessel,  like  a  hound  in 
leash,  impatient  to  bound  over  the  mighty  plain  of  waters  on  her 


THE   VOYAGE.  97 

destined  mission.  On  the  28th,  to  while  away  the  time  and  relieve 
the  disappointment  which  clouded  every  countenance,  on  account 
of  the  unfavourable  breeze  which  detained  her,  a  mimic  battle  was 
performed,  sola  cum  sola.  The  guns  were  fired,  the  boarders 
called,  and  all  the  forms  of  a  naval  engagement  took  place.  The 
enthusiasm  and  excitement  of  the  performance  were  well  adapted 
to  display  the  characteristics  of  the  men,  and  enable  the  officers  to 
form  some  estimate  of  the  materials  of  which  the  ship's  crew  was 
composed. 

The  Rev.  Walter  Colton  was  chaplain  to  the  Congress,  and  to  his 
diary  kept  on  this  voyage,  and  published  subsequently  under  the 
title  of  DECK  AND  PORT,  we  are  indebted  for  many  interesting 
details  respecting  the  Congress.  Page  17  of  "Deck  and  Port,"  Mr. 
Colton  says  : — "  The  sailors  are  proud  of  our  frigate — and  well  they 
may  be ;  she  is  a  splendid  specimen  of  naval  architecture.  For 
capacity,  strength,  and  harmony  of  proportions,  she  stands  in  her 
class  without  a  rival  in  the  wrorld.  She  is  so  much  a  favourite  in 
the  service  that  one  old  sailor  travelled  all  the  way  from  Pensacola, 
to  Norfolk  in  the  mail-stage,  and  at  his  own  expense,  to  join  her. 
We  had  our  complement  of  seamen,  but  his  was  so  strong  a  case  he 
could  not  be  denied. 

"We  number  about  two  hundred  souls,  all  told ;  have  laid  in  pro 
visions  and  fuel  for  five  months,  with  fifty  thousand  gallons  of 
water,  and  sails  and  rigging  sufficient  to  replace  what  is  now  in  use, 
should  emergency  demand. 

« October  29. — I  have  been  occupied  to-day  in  arranging  in 
suitable  cases  the  library  of  the  crew, — a  library  comprising  between 
three  and  four  hundred1  volumes.  For  many  of  the  miscellaneous 
and  religious  books  I  am  indebted  to  the  Presbyterian  Board  of 
Publication,  to  the  Sunday-school  Union,  to  the  American  Tract 
Society,  and  to  the  liberality  of  Commodore  Stockton. 

"  Thursday,  October  30. — The  long-looked-for  breeze  came  at 
last.  It  was  a  southwester,  and  at  daylight  this  morning  we 
weighed  anchor  and  got  under  way.  When  we  had  cleared  the 
capes  of  old  Virginia,  all  hands  were  called,  and  Commodore  Stock 
ton  delivered  the  following  brief  and  appropriate  address  to  the 
officers  and  crew : — 

<  Captain  Dupont,  (executive  officer  of  the  ship,)  and  Officers : — 
Your  reputation  in  the  service  is  a  sufficient  guarantee  that  the 
cruise  before  us  will  enlist  your  highest  energies  and  zeal. 

"  Men : — Your  conduct  since  you  have  been  on  board  the  ship  jus 
tifies  the  strongest  confidence  in  your  fidelity.  Above  us  floats  the 


98  ARRIVES   AT   CALLAO. 

flag  of  our  country;  to  your  patriotism  and  undaunted  valour  I 
intrust  its  honour,  dearer  to  me  than  life.  We  now  sail  for  Cali 
fornia  and  Oregon  ;  and  then  where  it  may  please  Heaven. 

"Then,  turning  to  the  chaplain,  he  said,  'You  will  offer  up  prayers 
to  Almighty  God  for  his  protection.' 

"This  service  performed,  the  broad  pennant  was  saluted,  the  ship 
cheered,  and  the  band  struck  up  <  Hail  Columbia.' 

"  The  whole  ceremony  was  well  calculated  to  inspire  a  jealous 
regard  for  the  honour  of  our  flag  and  impress  sentiments  of  depend 
ence  on  the  divine  protection,  so  well  becoming  those  who  <  go  down 
to  the  sea  in  ships,  and  who  see  the  wonders  of  the  Lord  in  the 
deep.'  "* 

The  following  extract  from  the  Rev.  Mr.  Colton's  diary  will  illus 
trate  the  kind  interest  manifested  by  Commodore  Stockton  in  those 
under  his  command  : — 

"  Wednesday r,  Nov.  19. — We  have  three  sailors  in  the  sick  bay 
to-day,  in  a  very  critical  condition.  They  are  all  good  men,  so  far 
at  least  as  ship-duty  is  concerned.  Their  death  would  make  a 
serious  breach  in  the  crew.  Our  intelligent  surgeon  and  his  faith 
ful  assistants  are  devoted  to  them.  They  are  not  left,  night  or  day, 
for  an  hour  without  a  medical  attendant.  Commodore  Stockton 
went  into  the  sick  bay  to-day  to  see  them.  He  never  forgets  the 
sailor ;  he  pities  when  others  might  reproach,  forgives  when  others 
might  denounce,  and  never  abandons  him  even  though  he  should 
abandon  himself,  and  yet  he  exacts  prompt  obedience.  His  dis 
cipline  and  that  of  Captain  Dupont  is  derived,  in  a  great  measure, 
from  moral  influence,  the  power  of  correct  example,  and  the  pres 
sure  of  circumstance. f" 

The  Congress  arrived  at  Rio  de  Janeiro  on  the  21st  December, 
and,  after  a  short  stay  required  for  some  necessary  repairs,  pro 
ceeded  on  her  voyage.  Cape  Horn  was  soon  doubled,  with  the 
usual  vicissitudes  of  storms  and  gales. 

On  the  6th  of  May,  the  good  ship  anchored  at  Valparaiso, 
whence,  after  receiving  fresh  supplies  of  water  and  provisions, 
she  proceeded  down  the  coast  to  Callao,  where  the  Commodore 
expected  he  should  hear  from  the  Expresses  from  the  United  States, 
which  he  had  arranged  to  meet  him  there. 

While  the  Congress  was  at  Callao,  an  incident  happened  which 
will  show  in  what  manner  Commodore  Stockton  believes  American 
citizens  should  be  protected  in  foreign  ports  from  unjust  treatment. 

*  "Deck  and  Port,"  pp.  39,  20.  f  "Deck  and  Port,"  p.  44. 


INCIDENT  AT  VALPARAISO.  99 

One  morning  he  received  a  note  from  the  captain  of  an  American 
merchantman,  informing  him  that  the  writer  had  been  arrested  sud 
denly  in  the  streets,  without  just  cause,  and  thrown  into  prison,  and 
urgently  requesting  that  a  United  States  officer  might  be  sent  to 
inquire  into  the  circumstances  of  the  affair.  Stockton  immediately 
ordered  a  boat  and  went  ashore  himself  to  prosecute  the  inquiry. 
On  landing,  he  went  to  the  prison,  saw  the  captain,  and  learned 
from  him  the  facts  of  the  case,  which  he  found  likewise  corrobo 
rated  by  the  concurring  statements  of  all  present  on  the  occasion. 

The  captain  of  the  American  ship  was  coming  ashore  in  his  barge, 
when  he  was  purposely  run  into  by  the  boat  of  a  Peruvian  man- 
of-war.  This  led  to  a  quarrel  between  the  Peruvian  and  American 
men  as  soon  as  they  reached  the  shore.  The  American  captain, 
who  had  left  the  wharf  before  the  quarrel  commenced,  returned 
as  soon  as  he  heard  of  it,  in  order  to  assist  in  quelling  the  affray. 
While  thus  engaged,  he  was  seized,  and,  without  any  opportunity  of 
defending  himself,  thrown  into  prison. 

After  ascertaining  these  facts,  Commodore  Stockton  presented 
himself  before  the  civil  authorities,  and,  in  polite  and  courteous 
terms,  requested  the  release  of  his  countryman.  This  was  refused 
without  hesitation,  in  a  peremptory  manner.  Stockton  then,  as 
suming  a  different  tone,  demanded  the  immediate  liberation  of  the 
American,  or  he  would  undertake  himself  to  release  hirn.  The 
authorities,  now  seeing  that  he  was  in  earnest,  asked  for  time  to  send 
to  Lima  to  know  the  pleasure  of  the  government  on  the  case. 
Stockton  would  grant  them  no  such  accommodation ;  but,  pulling 
out  his  watch,  said  he  would  give  them  fifteen  minutes  to  determine 
whether  they  would  surrender  the  American  peaceably,  and  if  he 
were  not  given  up  in  that  time,  he  would  lay  the  United  States  ship- 
of-war  Congress  where  her  guns  would  soon  open  the  prison-doors. 
The  prisoner  was  released  at  once.* 

On  the  9th  day  of  May  the  Congress  sailed  from  Callao,  and, 
turning  westward,  directed  her  course  to  the  far-distant  isles  to 
which  she  was  bound.  No  adventures  or  occurrences  of  a  novel 
character  diversified  the  usual  monotony  of  a  voyage  across  the 
Pacific. 

The  Rev.  Mr.  Colton,  in  his  diary,  remarks  frequently  on  the 
strict  observance  of  Sunday  on  board  the  Congress.  Officers  and 
crew  all  united  in  attendance  on  divine  service. 

The  following  passage  from  «  Deck  and  Port"  will  exhibit  the 

*  The  Captain,  on  his  return  to  the  United  States,  did  not  fail  to  make  this  inci 
dent  known. 


100  TAKES   PART   IN   RELIGIOUS   SERVICES. 

Commodore  in  a  new  character,  and  well  illustrates  his  versatility  of 
talent  and  his  respect  for  religion  : — 

"  Sunday,  June  7. — Commodore  Stockton,  who  has  always  taken 
an  interest  in  our  religious  exercises,  having  occasion  to  speak  to 
the  crew  to-day,  I  induced  him  to  extend  his  remarks  to  topics  more 
sacred  than  those  which  lay  within  his  original  purpose.  He  spoke 
of  the  Bible  as  that  crowning  revelation  which  God  has  made  of 
himself  to  man,  of  its  elevating  influences  on  the  human  soul,  of  the 
priceless  counsels  which  it  conveys,  and  the  immortal  hopes  which 
it  awakens. 

"He  contrasted  the  gloomy  condition  of  those  tribes  and  nations 
which  were  without  it  with  that  of  those  where  its  steady  light  shone, 
and  found  in  this  contrast  a  vindication  of  its  divinity  which  none 
could  gainsay  or  resist. 

"He  commended  its  habitual  study  to  the  officers  and  crew  as  our 
only  infallible  rule  of  duty, — as  our  only  safe  guiding-light  in  the 
mental  and  moral  twilight  of  our  being  here. 

"  He  rebuked  the  idea  that  religion  was  out  of  its  element  among 
sailors,  and  told  them  that  of  all  classes  of  men  they  were  the  one 
that  most  needed  its  restraining  influences  and  glorious  promises, 
and  denounced  as  insane  a  disposition  to  trifle  with  its  precepts. 

"He  commended  the  good  conduct  of  the  crew  on  the  Sabbath, 
and  expressed  the  earnest  hope  that  they  would  continue,  in  the 
event  of  a  probable  separation  from  them,  the  same  respectful  and 
earnest  regard  for  the  duties  of  religion. 

"  Such  remarks  as  these,  coming  from  the  commander  of  a  ship  or 
squadron,  will  do  more  to  sustain  a  chaplain  in  the  discharge  of  his 
difficult  duties  than  any  privileges  which  can  be  conferred  upon  him 
through  the  provisions  of  law.  They  honour  the  heart  from  which 
they  flow,  and  their  influence  will  be  felt  in  the  moral  well-being  of 
hundreds  when  that  heart  shall  have  ceased  to  beat.  The  tree  you 
have  planted  will  grow,  and  its  fruit  come  to  maturity,  though  you 
see  it  not." 

In  another  place,  Mr.  Colton  says,  with  reference  to  the  observ 
ance  of  religious  duties  by  the  crew : — 

"  The  effect  of  this  on  the  discipline  of  the  ship  is  too  marked  to 
escape  observation.  There  is  no  disobedience  and  no  punishment. 
Each  performs  with  alacrity  the  duties  of  his  station.  It  would 
seem  as  if  we  might  throw  every  instrument  of  correction  and  coer 
cion  overboard;  their  requirement  for  the  present,  at  least,  has 
ceased.  Give  me  the  religious  sentiment  in  a  crew,  and  you  may 
sink  your  handcuffs,  cats,  and  Colts,  in  the  depths  of  the  ocean." 


ARRIVES   AT   HONOLULU.  101 

On  the  9th  of  June  the  Congress  let  go  her  anchors  in  the  port 
of  Honolulu,  after  making  one  of  the  shortest  runs  on  record 
from  Cullao,  having  left  the  latter  port  on  the  9th  of  May. 

The  Commodore  found  on  his  arrival  that  all  intercourse  between 
the  King's  government  and  the  American  Commissioner,  Mr.  Brown, 
(superseded  by  Mr.  Ten  Eycke,)  had  been  suspended,  and  that  the 
most  unfriendly  feelings  existed  between  them.  The  American  flag 
had  been  hauled  down  by  Mr.  Brown  and  his  functions  suspended. 
He  was  much  irritated  with  the  King  and  his  ministry,  and  made 
grievous  complaints  to  the  Commodore  of  the  manner  in  which  he 
had  been  treated. 

Mr.  Brown  unfortunately  had,  with  or  without  cause,  in  imita 
tion  of  the  British  and  French,  assumed  a  dictatorial  attitude  that, 
after  long  discussions,  terminated  in  a  complete  rupture.  The 
English  and  French  commanders  of  squadrons  which  had  visited 
Honolulu  a  short  time  previous,  with  powerful  fleets  to  back  them, 
had  bullied  and  hectored  the  King,  and  extorted  at  the  cannon's 
mouth  their  unjust  and  exorbitant  demands.  Mr.  Brown,  with  no 
such  auxiliaries,  had  attempted  likewise  to  act  the  dictator.  His 
demands  were  rejected,  and  he  expected  to  use  the  first  American 
ship-of-war  which  visited  the  Sandwich  Isles  for  the  purpose  of 
punishing  the  refractory  King  and  his  subjects. 

Commodore  Stockton  was  fully  informed  by  Mr.  Ten  Eycke  of 
the  history  of  these  difficulties,  and  saw  very  soon  that  there  were 
faults  on  both  sides,  and  that  Mr.  Brown's  temper  and  spirit,  toge 
ther  with  the  part  taken  in  the  affair  by  the  foreign  residents,  had 
complicated  the  dispute  until  it  was  beyond  his  control.  The  course 
of  Mr.  Brown  had  so  incensed  the  King  and  his  ministers  that  no 
disposition  to  receive  Mr.  Ten  Eycke  was  manifested.  Mr.  Ten 
Eycke  felt  embarrassed  by  the  difficulties  which  presented  them 
selves,  and  in  this  disagreeable  state  of  affairs  applied  to  Commo 
dore  Stockton  to  extricate  him  from  the  dilemma,  and,  if  possible, 
to  effect  such  a  reconciliation  as  would  enable  him  to  enter  upon 
the  discharge  of  the  duties  of  his  office. 

In  reply  to  Mr.  Ten  Eycke's  invitation  that  he  should  act  the 
part  of  mediator,  Commodore  Stockton  said  to  him  that,  if  ho  would 
leave  the  whole  matter  to  his  discretion,  without  any  interference 
whatever,  he  would  undertake  it.  Mr.  Ten  Eycke  having  assented, 
the  Commodore  immediately  wrote  a  note  to  the  Minister  of 
Foreign  Affairs,  and  informed  him  that,  the  duty  of  negotiating  with 
the  government  having  been  devolved  upon  him,  (Stockton,)  he 
would  suggest  that  an  informal  meeting,  which  might  save  writing 


102  MR.  TEN   EYCKE   PRESENTS   HIS    CREDENTIALS. 

and  misunderstanding,  would  probably  facilitate  the  objects  of  both. 
The  minister  consented  to  the  interview,  and  the  Commodore  called 
the  next  day  and  had  two  hours'  conversation  with  him.  The  Com 
modore  told  him  that  he  much  regretted  the  existing  misunder 
standing,  but  thought  there  was  nothing  in  it  which  should  perma 
nently  estrange  the  two  governments ;  that  he  had  not  come  there  to 
use  force  or  intimidation,  as  others  had  done ;  that  he  had  no  author 
ity  to  exert  force  except  for  the  protection  of  citizens  of  the  United 
States  unjustly  assailed ;  and  that  he  desired  to  know  how  and  in 
what  manner  he  could  best  aid  in  the  restoration  of  good  feelings 
between  the  King's  government  and  the  representatives  of  the  United 
States.  The  interview  finally  resulted  in  a  thorough  and  complete 
amicable  understanding.  The  minister  on  the  following  day  called 
on  the  Commodore  and  expressed  himself  gratified  and  surprised 
at  his  unlooked-for  and  friendly  interposition,  and  said  that  he 
had  been  directed  by  the  King  to  express  the  high  sense  which 
the  government  entertained  of  the  Commodore's  liberality  and 
justice. 

Mr.  Brown  was  indignant  at  first  with  this  advance  of  Commo 
dore  Stockton,  and  in  conversation  with  him  spoke  of  the  King  in 
such  contemptuous  terms — as  a  tawny  red-skin — that  the  Commo 
dore  felt  constrained  to  tell  him  that  such  disrespectful  language, 
applied  to  the  chief  magistrate  of  the  country  to  which  he  had  been 
appointed  to  represent  the  United  States,  was  altogether  incon 
sistent  with  his  position ;  that,  if  the  King  were  actually  as  igno 
rant  and  degraded  as  a  barbarian  African  chief,  it  would  still  be  the 
duty  of  the  representative  of  the  United  States  at  his  court  to  ex 
hibit  towards  him  the  most  respectful  deportment;  that,  for  his 
part,  he  would  treat  the  King  with  the  same  respect  that  he  would 
Queen  Victoria  or  the  Emperor  Nicholas. 

Finally,  Mr.  Brown,  convinced  by  the  remonstrances  of  Commo 
dore  Stockton  of  the  impolicy  of  his  course,  modified  his  views,  and 
even  consented  to  be  present  at  the  first  audience  of  his  successor  by 
the  King. 

Mr.  Ten  Eycke  presented  his  credentials  on  the  18th  of  June, 
when  he  was  received  by  the  King  in  state ;  he  accompanied  their 
presentment  with  a  few  appropriate  remarks,  which  were  followed 
by  a  brief  address  from  Commodore  Stockton,  who  expressed  his 
earnest  hope  that  uninterrupted  amity  might  prevail  between  the 
two  countries.  He  assured  the  King  of  the  lively  interest  felt  in  the 
United  States  for  the  successful  issue  of  all  his  majesty's  plans  and 
purposes  for  the  benefit  of  his  people,  and  pledged  the  cordial  sup- 


DELIVERS   AN  ADDRESS   IN   THE   KING'S    CHAPEL.  103 

port  of  our  government  in  any  aggressive  emergencies  which  might 
threaten  the  tranquillity  and  integrity  of  his  realm.* 

The  following  interesting  scene,  as  described  by  the  Rev.  Mr. 
Colton,  will,  we  are  sure,  be  perused  with  pleasure  by  all  who  feel 
an  interest  in  the  subject  of  our  narrative: — 

"  Sunday,  June  21. — I  exchanged  with  Mr.  Duncan  this  morn 
ing, — he  officiating  on  board  the  Congress,  while  I  took  his  place  in 
the  Seamen's  Chapel.  The  frigate  had  the  advantage  in  the 
arrangement,  but  I  intended  to  look  out  for  my  floating  parish. 
In  the  afternoon  I  was,  by  appointment,  in  the  pulpit  of  the  King's 
chapel. 

"  The  spacious  edifice  was  crowded.  His  Majesty,  the  court,  and 
chiefs,  were  present,  and  an  auditory  of  some  three  thousand.  They 
had  assembled  under  the  vague  expectation  that  Commodore  Stock 
ton  might  address  them;  for  a  report  to  that  eifect,  without  the 
Commodore's  knowledge,  had  been  circulated  through  the  town.  I 
felt,  in  common  with  the  missionaries,  a  desire  that  they  should  not  be 
disappointed.  But,  as  the  Commodore  was  wholly  unprepared,  and 
averse  to  any  arrangements  that  might  seemingly  trench  upon  pro 
prieties,  it  was  no  easy  matter  to  have  their  wishes  realized. 

"Backed  by  the  Rev.  Mr.  Armstrong,  I  made  a  bold  push,  and, 
having  addressed  the  audience  for  half  an  hour,  through  him  as 
interpreter,  'on.  the  religious  enterprises  in  our  own  country,  which 
were  throwing  their  light  and  influence  into  other  lands,  stated  that 
I  was  aware  of  their  desire  that  Commodore  Stockton  should 
address  them,  and  that  I  would  take  the  liberty  of  expressing  the 
hope  that  he  would  gratify  their  wishes.  He  was  sitting  at  the 
time  by  the  side  of  4he  King;  and,  while  the  choir  were  singing  a 
hymn,  Mr.  Armstrong  descended  from  the  pulpit  and  urged  with 
him  the  public,  expectation.  He  finally  assented,  and,  taking  the 
platform  under  the  pulpit,  commenced  a  train  of  pertinent  and 
eloquent  remarks." 

Mr.  Colton,  after  a  brief  synopsis  of  the  Commodore's  address, 
proceeds: — 

"  Such  was  the  tenor  of  his  remarks,  which  were  delivered  with  as 
much  freedom  and  force  as  if  they  had  been  well  considered  and 
arranged.  Their  effect  was  obvious  in  the  eager  attention  which 
pervaded  the  great  assemblage.  At  the  conclusion,  the  King  and 
the  chiefs  came  up,  and,  with  undisguised  emotion,  thanked  the 
Commodore  for  his  address.  The  Commodore  may  win  laurels  on 

''Deck  and  Port,"  p.  349. 


104  REPORT  OF  THE  ADDRESS. 

the  deck,  but  none  that  can  bloom  more  lastingly  than  these.  If 
there  be  consolations  in  death,  they  flow  from  efforts  made  and 
triumphs  won  in  the  cause  of  humanity  and  God." 

Three  days  after  these  ceremonies  the  Congress  sailed  for  Monte 
rey,  and  the  Commodore  never  supposed  that  note  or  comment 
would  be  made  of  his  speech  on  this  occasion.  Fortunately,  how 
ever,  it  so  happened  that  a  native  South  Sea  Island  stenographer 
was  present  and  executed  a  verbatim  report  of  the  address  in  Eng 
lish,  which  was  subsequently  forwarded  to  the  United  States  by  the 
missionaries  and  republished  in  1847  in  many  religious  as  well  as 
other  papers.  It  is  a  remarkable  production,  and  displays  in  an 
eminent  degree  the  intellectual  vigour  of  Commodore  Stockton's 
mind  as  well  as  the  high  moral  tone  of  his  character.  We  should 
be  surprised  if  any  one,  after  a  perusal  of  this  discourse,  did  not 
admit  Commodore  Stockton  to  be  the  most  remarkable  sailor  on 
record. 

COMMODORE    STOCKTON'S   ADDRESS   BEFORE    MR.  ARMSTRONG'S    CON 
GREGATION   ON   THE   AFTERNOON   OF   JUNE    21,  1846. 

I  came  up  here  this  afternoon  by  no  means  prepared  for  such  an 
exercise  as  that  requested  of  me,  and,  if  I  consulted  my  own  feelings 
on  being  thus  suddenly  called  upon,  I  should  certainly  remain  in 
silence.  But  standing  here  in  the  temple  of  God,  and  remembering 
that  the  opportunity  to  do  good  but  rarely  occurs,  while  that  to  do 
mischief  and  evil  is  the  event  of  every  day,  I  cannot  refuse.  What 
I  do  say  I  will  say  in  the  sincerity  of  my  heart ;  it  is  the  feeling  I 
entertain  towards  you  all,  from  your  king  down  to  his  humblest 
subject,  which  will  not  allow  me  to  keep  silence. 

We  are  always  in  the  habit  of  referring  to  past  times,  and  speak 
ing  of  ancient  nations  and  their  learning  and  knowledge ;  but  the 
truth  is  that  in  sound  philosophy — paradoxical  as  it  may  seem — you 
being  the  youngest  nation  are  in  fact  the  oldest,  and  with  your 
position  as  such  you  bear  a  commensurate  responsibility.  You  are 
responsible  for  the  advantages  which  surround  you.  You  have 
been  told  by  your  spiritual  advisers  that  our  Saviour  died  for  you ; 
his  bloody  sweat  and  agonies  were  for  you ;  his  cross  and  passion 
were  for  you;  his  precious  death  and  burial  were  for  you;  the 
ascension  was  for  you.  All  the  blood  and  suffering,  all  the  trials 
and  all  the  deaths  which  have  happened  in  this  world  in  the  cause 
of  civil  and  religious  liberty,  were  for  you.  You  have  all  the  advan 
tages  of  the  past  and  all  those  of  the  present.  But  all  this  experi 
ence  purchased  by  others  and  all  these  advantages  are  not  given  to 


REPORT   OF   THE   ADDRESS.  105 

your  king  and  you  for  his  and  your  simple  benefit ;  it  is  a  solemn 
trust  from  Almighty  God,  and  all  of  you  will  be  held  responsible 
for  the  fulfilment  of  your  duties.  This  is  a  position  you  cannot 
escape;  it  is  written  upon  every  page  of  the  Bible.  With  that  belief, 
let  me  ask  you  whether  it  is  not  well  to  consider  what  the  advantages 
are  of  the  age  in  which  you  live.  Is  it  your  belief  that  those  ad 
vantages  consist  in  the  fact  that  architecture  now  raises  her  stately 
piles,  or  that  the  paintings  of  our  day  rival  the  art  of  the  ancient 
masters,  or  that  music  swells  her  most  delicious  strains?  No! 
These  are  all  well.  It  is  well  that  all  the  arts  and  sciences,  under 
divine  Providence,  are  rapidly  advancing.  But  it  is  in  the  spread 
of  God's  word  and  the  principles  of  the  gospel  that  your  advantage 
lies.  You  cannot  doubt  the  advantages  of  true  religious  light,  or 
that  religion  is  interwoven  with  man's  nature.  The  history  of  the 
world  shows  that  the  earliest  nations  of  the  earth,  no  matter  how 
far  separated,  no  matter  that  they  had  never  seen  each  other  or 
heard  of  each  other,  all  agreed  in  bowing  the  knee  to  the  Father  of 
light. 

Whence  comes  this  island?  How  came  this  island  to  lift  its 
majestic  head  above  the  roaring  ocean?  How  comes  this  island  to 
be  peopled  ?  By  the  arm  of  omnipotent  power  only.  Again :  how 
conies  it  that  you  are  known  to  other  nations  of  the  world?  how 
comes  it  that  I  see  myself  surrounded  by  persons  from  different  and 
distant  parts  of  the  globe?  how  comes  it  that  the  missionaries, 
braving  every  danger,  and  leaving  friends  and  kindred,  live 
among  you,  your  preceptors  in  the  knowledge  of  God  ?  How  comes 
it  ?  By  the  will  of  God.  Was  it  his  will,  think  you,  that  you 
should  merely  eat,  drink,  and  be  clothed  ?  Think  you  it  was  God's 
will  that  only  the  animal  and  physical  wants  of  man  should  be  ad 
ministered  to? 

The  Almighty  Power  that  first  created  the  world  afterwards 
destroyed  man  from  off  the  face  of  that  world.  He  was  kind  and 
benevolent,  but  man  was  rebellious  and  wicked.  Man  became  so 
bad,  he  turned  so  constantly  from  the  face  of  God  himself,  despised 
his  warning  voice  heard  in  the  murmuring  leaves,  defied  his  power 
seen  in  the  tempest  and  felt  in  the  lightning  and  the  earthquake, — 
in  short,  he  became  so  bad  that  the  only  way  to  recover  the  earth 
that  he  had  polluted  was  to  destroy  him  from  off  it.  Hence  all  the 
world,  except  one  man  and  his  family,  were  destroyed.  Since  that 
era  God  has  constantly  been  bestowing  upon  man  his  kindest  bless 
ings,  and  man  has  ever  since  been  and  still  seems  to  be  in  rebellion 
against  God.  Look  at  the  nations  of  the  earth  which  have  been 


106  REPORT   OF   THE   ADDRESS. 

but  are  not.  We  have  just  heard  mention  made  of  Rome  and 
Greece ;  but  go  back  to  the  farthest  page  of  history,  and  see  ho^ 
nation  after  nation  fell.  Their  laws  were  not  founded  in  the  fear 
of  God,  and  with  them  might  was  right. 

But  the  Bible  teaches  peace  on  earth  and  good-will  towards  man, 
Turn  over  its  holy  pages,  for  in  them  the  best  lesson  in  individual 
and  national  happiness  is  to  be  found;  and  therefore  it  is,  as  I  have 
had  occasion  to  observe  in  another  place,  that  you  have  enjoyed  so 
much  happiness  and  arrived  at  so  much  prosperity.  This  comes 
from  your  having  been  taught  the  word  of  God. 

And  now  turn  over  the  bloody  record  of  man's  doings.  Reck 
less  of  their  own  happiness,  and  in  defiance  of  the  word  of  God,  what 
has  become  of  them  ?  Nation  after  nation  has  become  mistress  of 
the  world ;  nation  after  nation  has  usurped  the  sovereignty  of  the 
sea ;  and  now  you  can  hardly  discover  where  their  gorgeous  palaces 
and  their  imperial  thrones  were  once  erected. 

What  think  you,  then,  in  view  of  these  things  ?  Think  you  this 
island  was  brought  out  of  the  vasty  deep  to  afford  a  field  for  the  re 
ception  of  such  dark  doings  ?  There  has  been  kindled  here  on  these 
islands  a  flame  which  flourishes  and  increases,  and  joins  with  that 
other  light  which  our  noble  missionaries  have  erected  on  the  coast 
of  Africa, — a  beacon  by  which  those  who  will  may  guide  their  course 
to  heaven. 

And  thus  it  is  that  you  have  the  responsibility  placed  upon  you 
by  God  to  guard  this  priceless  treasure.  But  when  he  gives  you  the' 
Bible,  he  does  not  give  it  you  to  keep,  but  to  read ;  on  the  contrary, 
he  will  hold  you  answerable  for  a  proper  use  of  it.  Give  me  this 
Bible,  and  I  defy  the  world  in  arms.  When  I  rely  on  it,  I  appeal 
not  to  the  power  of  man,  but  to  the  Lord  of  hosts. 

I  have  said  that  the  decay  and  fall  of  other  nations  is  attri 
butable  to  their  disregard  of  the  principles  of  this  holy  book.  But 
let  me  revert  for  a  single  moment  to  one  example  in  the  very  ocean 
upon  which  this  island  reposes  itself.  I  speak  of  the  Spaniards  and 
Spain.  She  who  in  ancient  times  carried  her  portly  bearing  and 
her  chivalry  so  high, — she  who  had  all  nature  to  cheer  her  and  all 
art  and  science  to  instruct  her, — where  is  she  now  ?  The  short 
sighted  politician  would  tell  us  she  wants  resources,  physical  as  well 
as  mental;  but  can  we  of  the  present  age  be  satisfied  with  such  an 
explanation  ?  It  is  because  the  word  of  God's  justice  has  gone 
forth.  The  curse  of  successful  avarice  and  unbending  brutality  and 
unsparing  tyranny  is  upon  her.  She  made  for  herself  a  golden 
calf,  and  fell  down  and  worshipped  it ;  and  now  the  blood  of  thou- 


REPORT   OF   THE   ADDRESS.  107 

sands  and  tens  of  thousands  of  unfortunate  victims  is  smoking  to 
heaven  for  vengeance ;  and  when  God  in  his  mercy  shall  see  fit  to 
remove  the  curse,  and  not  till  then,  will  that  unfortunate  country- 
revive  again. 

From  the  Bible  are  to  be  taken  lessons  not  only  for  nations  to 
use  as  charts  and  principles,  but  for  individuals  also.  It  points  the 
way  to  happiness  in  this  world  and  in  the  next.  All  philosophers, 
ancient  and  modern,  from  the  remotest  times  down  to  our  own 
Franklin,  have  held  happiness  to  be  the  great  object  of  every  man ; 
but  so  dark  have  been  men's  hearts,  that  the  happiness  of  many  has 
been  sought  in  the  destruction  of  the  happiness  of  others.  Envy 
and  malice,  contention  and  strife,  war  and  misery,  have  been  fos 
tered  for  the  gratification  of  men's  pleasures.  The  dirk  of  the 
assassin  has  been  plunged  into  the  heart  of  many  a  victim  to  pro 
cure  the  happiness  of  men.  A  man  is  ruined  and  his  family  beg 
gared  for  the  happiness  of  others.  How  can  it  be  that  in  seeking 
happiness — the  great  object  of  all  our  lives — man  involves  so  many 
fellow-men  in  misery  ?  It  is  because  man  disregards  the  whisper 
ing  of  God  in  his  ear,  which  tells  him  to  consider  what  happiness 
consists  in. 

Let  any  man  or  woman  who  has  arrived  at  the  age  of  maturity 
ask  himself  or  herself  whether,  in  the  pursuit  of  happiness,  that  per 
son  has  not,  as  far  as  appears,  gone  directly  in  the  wrong  road. 

Man  is  a  much  better  animal,  in  my  judgment,  than  is  generally 
supposed.  From  the  time  of  his  first  rebellion  against  God,  man 
has  been  a  sinful  creature,  and  unable  to  be  saved  but  by  the  blood 
of  our  Saviour ;  and  yet  I  believe  that,  when  uncontaminated,  he  is 
much  better  than  most  persons  believe.  My  own  experience  of 
mankind  has  been  considerable,  and  I  will  venture  to  say  there  is 
not  one  man  in  this  assembly,  no  matter  what  his  feelings  of  bitter 
ness  may  be  against  his  neighbour,  or  what  he  says  of  his  friend 
behind  his  back,  or  what  language  he  uses,  but  would  rather  be 
friend  a  man  and  do  him  good  than  do  him  harm. 

Let  me  request  of  you  to  examine  yourselves  upon  a  question, — 
and  I  do  not  believe  there  is  one  individual  here  but  will  answer  in 
the  affirmative : — that  is,  whether  in  your  intercourse  with  others  it 
does  not  afford  you  ten  thousand  times  more  pleasure  to  do  a  good 
action  than  it  does  to  do  an  evil  one  ?  Man's  kindness  to  his  fel 
low-man  will  become  the  rule  when  this  Bible  succeeds  in  regulating 
the  will  and  passions  of  mankind. 

All  the  troubles  between  man  and  man,  and  all  the  troubles  that 
have  arisen  in  the  Christian  community,  arise  in  the  first  place  from 


108  REPORT    OF    THE   ADDRESS. 

a  disregard  of  its  sacred  precepts.  Men  are  very  apt  also  to  excuse 
themselves  by  referring  to  the  conduct  of  others,  and  to  comfort 
themselves  by  asserting  that  what  others  are  doing  must  be  right, 
and  they  are  only  doing  the  same  as  others.  It  is  very  easy,  as 
the  English  proverb  says,  for  the  monkey  to  use  the  cat's  paws  to 
get  the  chestnut  out  of  the  fire. 

I  have  seen  violent  men,  I  have  seen  men  supposed  capable  of. 
swallowing  fire,  I  have  seen  men  put  into  heated  ovens  ;  but  I  have 
never  yet  seen  that  man  who,  if  his  mind  were  properly  directed, 
would  not  rather  do  a  kindness  than  an  injury. 

The  best  man,  and  the  most  charitable,  and  the  most  generous,  is, 
I  will  venture  to  say,  the  happiest  man.  What  is  it  that  consti 
tutes  human  happiness,  except  it  be  the  exercise  of  benevolence  and 
charity?  The  reciprocation  of  good-will  between  man  and  man 
during  their  short  journey  to  the  grave  makes  up  the  sum  of  happi 
ness.  I  speak  as  an  individual  having  had  some  experience. 

We  see  men  living  in  magnificence,  surrounded  with  wealth,  and 
commanding  all  that  can  administer  to  their  happiness,  and  yet  they 
are  not  so  happy  as  the  humblest  peasant,  who,  as  he  sees  a  stranger 
in  want  passing  by  his  door,  gives  him  assistance  out  of  his  too 
scanty  means.  Such  a  one  feels  happiness  indeed.  Learned  men, 
and  we  who  pride  ourselves  upon  Christianity,  are  very  angry  if 
told  that  intellectual  enjoyments  are  not  superior  to  enjoyments  of 
an  animal  kind ;  but  how  many  of  the  learned  are  there  who  learn 
just  enough  to  wish  to  know  more,  and  who  find  that  learning  by 
itself  too  often  produces  nothing  but  discontent  in  the  human 
mind? 

One  word  more.  My  belief  is  that  the  most  benevolent  man  is 
the  happiest.  Were  I  to  look  abroad  in  the  world  for  an  example 
of  happiness,  I  would  search  for  the  most  benevolent  man.  Thei 
man  that  can  forgive  his  enemy,  that  can  conquer  the  proud  feel-' 
ings  of  the  human  heart,  that  can  return  good  for  evil,  that  is  the; 
man  I  envy. 

The  man  who  can  go  in  search  of  the  distressed,  of  the  widow, 
and  her  desolate  children,  and,  having  found  them,  can  relieve  them, 
that  is  a  happy  man.     He  who  can  go  into  prison,  like  Howard, 
the  English  philanthropist,  and  relieve  the  wants  and  miseries  of 
the  most  abject  and  sinful  of  his  race,  must  indeed  be  happy.     Oh, 
compare  happiness    such    as    his   with  that   derived   from  power !! 
Where  is  there  one  man  in  the  civilized  and  Christian  world  thatr 
would  not  rather  wear  the  humble  garment  of  Howard's  happiness 
than  the  purple  of  imperial  Rome  ? 


REPORT   OF   THE   ADDRESS.  109 

Now,  I  say  that  the  only  hope  of  happiness,  not  only  for  this  but 
for  all  countries,  is  that  they  shall  avoid  the  rock  upon  which  older 
nations  have  split. 

If  I  could  envy  any  one,  I  could  envy  this  gentleman  standing 
by  me  (the  Rev.  R.  Armstrong)  and  all  his  fellow-labourers  in  the 
good  work.  For  my  own  part,  I  may  never  see  you  more,  for  I  am 
going  to  return  to  the  far,  far  distant  land  from  whence  I  came. 
My  poor  name  may  perish  and  be  lost,  but  this  book  (holding  up  the 
Bible)  will  ever  remain ;  and  do  you  remember,  as  the  Almighty 
destroyed  one  generation  for  its  perverseness,  he  may  destroy 
another ;  therefore,  hold  fast  to  this  book  as  the  foundation  of  your 
prosperity. 

In  bidding  you  farewell,  I  beg  of  you  to  search  for  that  which  is 
good,  that  you  may  be  prosperous,  and  never  to  forget  the  responsi 
bility  imposed  upon  you.  In  your  islands  I  have  beheld  the  most 
interesting  scene  that  my  eyes  have  witnessed :  it  is  not  merely 
that  you  are  Christianized,  but  that  in  that  fact  I  see  the  spread  of 
that  gospel  which  shall  one  day  be  known  wherever  the  sun  rises 
on  this  globe. 

Once  more  I  tell  you  that  the  prosperity  of  your  country  and  the 
happiness  of  every  individual  in  it  depends  upon  your  endeavouring 
to  live  at  peace  with  God  and  in  good-will  towards  man. 

[The  Commodore's  remarks  were  interpreted  by  the  Rev.  Mr. 
Armstrong  as  he  spoke.  The  natives  listened  with  attention,  and 
:t  is  believed  they  made  a  deep  impression  upon  them.] 


110  PROCEEDINGS   IN    CALIFORNIA. 


CHAPTER  IX. 

PROCEEDINGS    OF    COMMODORE    SLOAT   IN   CALIFORNIA — STATE  OF  THE  COUNTRY — VIEWS 

OF    COMMODORE    STOCKTON HJS    DECIDED    MEASURES ORGANIZES  THE  CALIFORNIA 

BATTALION APPOINTS  COLONEL  FREMONT  TO  COMMAND  OF  IT DESPATCHES  HIM  TO 

THE  SOUTH SAILS  FOR  SAN  PEDRO — DISCIPLINES  THE  SAILORS  FOB  SHORE-SER 
VICE GENERAL  CASTRO CALIFORNIAN  FORCES — COMMODORE  STOCKTON'S  TREAT 
MENT  OF  THE  COMMISSIONERS  FROM  THE  ENEMY MARCH  TO  CIUDAD  DE  LOS  ANGE 
LES ALARM  OF  THE  ENEMY CASTRO  FLIES — SURRENDER  OF  HIS  CHIEF  FOLLOWERS 

COMMODORE    STOCKTON  ORGANIZES  THE  TERRITORY  INTO  MILITARY  DEPARTMENTS 

ORGANIZES    THE    CIVIL    GOVERNMENT — GENERAL    SUBMISSION    OF    INHABITANTS 

TRANQUILLITY  OF  THE  COUNTRY — COMMODORE  STOCKTON  PROCEEDS  NORTH — FORMS 
A  DESIGN  OF  RAISING  A  FORCE  TO  MARCH  OVERLAND  TO  MEXICO  CITY — LETTERS  TO 
CAPTAIN  MERVINE  AND  COLONEL  FREMONT. 

UPON  his  arrival  at  Monterey,  Captain  Stockton  reported  to 
Commodore  Sloat,  his  senior  officer,  then  in  command  of  the  Pacific 
squadron,  consisting  of  the  frigate  Savannah,  sloops-of-war  Ports 
mouth,  Cyane,  and  Warren,  and  store-ship  Erie,  to  which  was  now 
added  the  frigate  Congress.  A  few  days  previous  to  the  arrival  of 
the  Congress,  Commodore  Sloat  had  received  intelligence  of  the 
commencement  of  hostilities  on  the  Rio  Grande  between  Mexico 
and  the  United  States,  and  he  had  landed  with  a  part  of  his  crew, 
and  raised,  without  resistance,  the  flag  of  the  United  States  at 
Monterey.  Under  his  directions  it  had  also  been  raised  at  two 
other  points.  It  was  not,  however,  within  the  scope  of  his  plan  of 
operations  to  conduct  any  further  military  operations  on  shore. 
The  Commodore  was  an  old-fashioned  sailor,  who  was  content  with 
the  performance  of  his  duty  on  his  own  element,  and  he  declined 
taking  the  responsibility  of  directing  a  campaign  on  the  land.  He 
was  not  disposed  to  convert  his  sailors  and  marines  into  land-forces. 
No  such  programme  was  expressed  in  any  orders  then  received. 
He  was  satisfied  with  the  elevation  of  the  American  flag  and  the 
issue  of  his  proclamation  declaring  that  he  had  taken  formal  posses 
sion  of  California  in  the  name  of  the  United  States.  He  declined, 
therefore,  receiving  the  proffered  services  of  Colonel  Fremont  and 
his  men.  He  doubtless  felt  embarrassed  in  his  position,  particu 
larly  after  Captain  Stockton  expressed  to  him  very  freely  his  opinion 
that  active  offensive  measures  were  absolutely  indispensable  to  keep 


CONDITION    OF    THE    COUNTRY.  Ill 

the  flag  of  the  United  States  flying  in  California ;  that  the  Cali- 
fornians  it  could  not  be  expected  would  yield  the  country  without 
resistance;  and  that,  as  soon  as  time  should  be  afforded  them  to 
collect  an  adequate  force,  the  American  flag,  unless  defended  by 
the  most  decided  movements,  would  be  expelled.  Commodore  Sloat 
was  a  patriotic,  gallant  officer ;  arid,  though  he  did  not  perceive  how 
it  was  possible  for  the  sailors  and  the  marines  of  the  American 
squadron  to  carry  on  successfully  a  war  of  conquest  on  land,  he  was 
unwilling  to  be  an  obstacle  in  the  way  of  others  who  chose  to  take 
the  responsibility  of  such  a  novel  procedure.  He  accordingly  in 
formed  Captain  Stockton  that,  as  his  health  was  not  good,  and  as 
his  instructions  authorized  him  to  return  to  the  United  States  after 
being  relieved,  he  would  relinquish  to  him  the  command.  On  the 
23d  of  July,  therefore,  Commodore  Sloat  carried  into  effect  these 
intentions,  and  sailed  for  the  United  States,  leaving  Commodore 
Stockton  in  command  of  the  squadron. 

Before  proceeding  to  narrate  the  operations  of  Commodore  Stock 
ton  in  California,  a  few  remarks  may  properly  be  here  made  respect 
ing  the  condition  of  that  country,  and  the  state  of  public  affairs 
therein  at  that  time. 

California  had  been  neglected  by  Spain,  the  mother  country,  be 
fore  the  Mexican  War  of  Independence.  Her  inhabitants  were  left 
pretty  much  to  themselves  and  their  priests.  It  is  said  that  the 
priests,  who  were  aware  of  the  existence  of  gold  in  California,  con 
cealed  its  discovery,  and  in  various  ways  discouraged  colonization, 
lest  a  knowledge  of  the  abundance  of  the  precious  metals  might  lead 
to  a.  large  emigration,  which  would  interfere  with  their  ascendency 
in  California.  The  population  of  California  was  scattered  over  an 
immense  surface  along  the  Pacific  coast,  and  engaged  principally  in 
agricultural  pursuits  ;  but,  owing  to  the  proximity  of  several  power 
ful  and  warlike  nations  of  Indians,  who  made  frequent  hostile  in 
roads,  the  Californians  were  not  unused  to  arms.  They  were  expert 
horsemen,  and  all  their  Indian  wars  were  waged  with  cavalry. 
The  hunting  and  capture  of  wild  horses  and  cattle  was  a  favourite 
amusement  with  them,  and  the  practice  of  this  sport  made  them 
bold  and  skilful  in  the  saddle.  At  full  gallop  they  would  throw  the 
lasso  or  hurl  the  lance  with  unerring  certainty  and  precision. 

California,  at  this  time,  had  all  her  military  capacities  been  put 
in  requisition,  could  bring  into  the  field  at  least  two  thousand 
mounted  men,  constituting  as  fine  a  cavalry  force  as  any  country 
could  produce.  A  more  hardy  and  vigorous  race  than  the  Mexi 
cans  of  the  eastern  states,  the  Californians  were  capable  of  great 


112  INDEPENDENCE  DECLARED. 

endurance;  and,  under  bold  and  intelligent  leaders,  would  have 
proved  formidable  enemies  to  any  invader. 

In  the  fall  and  winter  of  1845—6  a  considerable  emigration  from 
the  western  frontier  of  the  United  States  had  marched  for  Cali 
fornia  and  Oregon.  As  the  emigrants  arrived  in  California,  allured 
by  the  beauty  and  fertility  of  the  country,  they  commenced  forming 
settlements  along  the  Sacramento  and  San  Joaquin  Rivers,  in  con 
formity  with  the  original  invitation  which  they  had  received  from 
the  authorities. 

In  January,  1846,  Colonel  Fremont,  of  the  Topographical  Corps, 
also  arrived,  on  an  exploring  expedition.  The  Californian  com 
mandant  of  Monterey,  General  Castro,  at  first  received  Fremont  in 
a  friendly  and  hospitable  manner ;  but,  whether  prompted  by  advices 
from  the  city  of  Mexico  of  the  probability  of  a  war,  or  alarmed  at 
the  numbers  and  bold,  independent  character  of  the  emigrants,  or 
suspecting  the  enterprising  Anglo-Saxons  of  some  latent  ambitious 
designs,  he  suddenly  changed  his  deportment  towards  both  Fre 
mont  and  the  emigrants,  and  manifested  a  determination  to  arrest 
the  progress  of  Fremont  and  disturb  the  settlements  of  the  Ameri 
cans.  Several  outrages  were  perpetrated  on  the  latter,  and  a  con 
siderable  military  force  called  out  to  arrest  the  former.  The  Ame 
rican  emigrants  at  once  united  for  mutual  defence,  and  called  a 
convention  to  determine  on  the  best  means  for  protection.  The 
convention  assembled  at  Sonoma,  of  which  they  took  military  pos 
session,  and  selected  for  their  leader  a  gentleman  of  the  name  of 
William  B.  Ide.  Colonel  Ide,  on  the  18th  of  June,  1846,  issued 
his  proclamation,  denouncing  the  treachery  of  the  Californians, 
reciting  the  oppression  and  misgovernment  of  the  province,  and 
inviting  the  people  to  unite  in  an  effort  to  secure  their  inde 
pendence.  On  the  4th  of  July  the  Americans  assembled  at  So 
noma,  declared  their  independence,  and  hoisted  what  was  called  the 
Bear  flag,  and  elected  Colonel  Fremont  governor.  Colonel  Fre 
mont,  not  altogether  satisfied  with  the  propriety  of  proceeding  with 
out  the  co-operation  of  the  American  squadron,  then  at  Monterey, 
repaired  to  that  place  to  confer  with  Commodore  Sloat.  Though 
Commodore  Sloat  declined  to  co-operate  with  him,  he  was  informed 
by  Commodore  Stockton,  soon  after  his  arrival,  that  he  would  accept 
the  offer  of  his  services  as  soon  as  Commodore  Sloat  had  relinquished 
the  command  of  the  squadron. 

Immediately  after  that  event,  Commodore  Stockton  communicated 
his  views  fully  to  Colonel  Fremont.  He  informed  him  that  he 
should  take  the  chief  direction  of  affairs  into  his  own  hands,  and 


VIEWS    OF   COMMODORE    STOCKTON.  113 

at  once  commence  active  operations  to  reduce  the  whole  of  Cali 
fornia  to  a  state  of  complete  submission  to  the  authority  of  the 
United  States.  He  agreed  that  such  men  as  Colonel  Fremont  could 
enlist  should  be  organized  into  a  battalion,  and  that  he  would 
commission  Fremont  as  major  and  Captain  Gillespie  as  the  captain 
of  it.  Fremont  was  instructed  to  invite  the  co-operation  of  the 
American  emigrants  who  had  hoisted  the  Bear  flag.  These  hardy 
and  adventurous  men,  true  Americans  at  heart,  of  course,  with 
Colonel  Fremont,  preferred  fighting  under  the  flag  of  their  own 
country;  and  they  constituted  the  principal  part  of  the  volunteers 
who  formed  the  California  battalion.  The  proceedings  at  Sonoma 
on  the  4th  of  July  and  the  Bear  flag  were  thus  ignored,  all  the 
parties  thereto  hastening  to  take  service  under  Commodore  Stock 
ton.  Fremont  and  Gillespie  entered  into  a  specific  agreement  with 
the  Commodore  that  they  would  continue  to  act  under  him  as  com 
missioned  while  he  should  require  their  services.  He  considered 
and  treated  them  as  part  of  the  naval  forces  under  his  command 
throughout  the  Californian  war. 

The  bold  and  decided  views  taken  by  Commodore  Stockton,  at 
this  time,  of  his  duty,  and  the  course  he  pursued  towards  the  enemy, 
have  been  entirely  approved  by  the  government  and  people  of  the 
United  States,  while  the  complete  success  which  rewarded  his 
operations  vindicates  the  strategetical  sagacity  which  they  dis 
played.  But  his  was  a  novel  and  perplexing  position, — more  so  than 
that  in  which  any  military  commander  of  the  United  States  had 
ever  before  been  placed.  He  was  entirely  without  instructions 
adapted  to  this  exigency.  He  was  compelled  to  rely  on  his  own 
independent  resources.  The  flag  of  his  country  had  been  raised  in 
California, — a  country  in  possession  of  a  gallant  and  warlike  people. 
These  people  had  not  been  informed  of  the  commencement  of  hos 
tilities  on  the  Rio  Grande,  when  they  were  exasperated  by  a  hand 
ful  of  straggling  strangers  and  squatters  (as  they  considered  them) 
from  the  United  States,  invading  their  peaceful  valleys,  taking 
possession  of  fertile  tracts  of  country,  and  immediately  assuming  a 
hostile  position  and  declaring  their  independence.  A  proclamation 
had  been  issued  by  the  military  commandant  of  California,  breath 
ing  vengeance  against  all  foreigners,  but  designed  to  apply  alto 
gether  to  the  American  emigrants.  The  raising  of  the  American 
flag  at  Monterey  was  believed  to  be  a  filibuster  proceeding,  and 
only  excited  more  vindictively  the  animosity  of  the  Californian 
authorities. 

The  Legislature  of  the  State  was  in  session,  and  grants  of  vast 

8 


114       NECESSITY  OF  A  BOLD  PLAN  OF  OPERATIONS. 

tracts  of  territory  were  about  being  made  to  British  agents,  which 
would  have  absorbed  the  most  valuable  portion  of  the  public  lands. 
These  British  agents,  better  informed  than  the  Californians,  foresaw 
that,  if  California  should  be  acquired  by  the  United  States,  all 
real  estate  would  be  enhanced  in  value.  Those  Californians  who 
were  under  the  influence  of  British  agents  were  quite  willing,  if 
there  were  any  probability  of  the  transfer  of  the  country  to  the 
United  States,  that  it  should  be  made  as  worthless  to  our  govern 
ment  as  possible.  They  were,  therefore,  well  disposed  to  cede 
away  every  foot  of  land  for  which  they  could  find  a  purchaser. 
Commodore  Stockton  was  apprised  of  their  designs,  and  he  saw  that 
prompt  and  energetic  measures  only  could  defeat  them. 

Besides,  the  emigrants  now  coming  into  California,  unless  active 
steps  were  taken  to  engage  all  the  military  strength  of  the  ambitious 
chieftains  who  controlled  it,  would  be  at  their  mercy.  They  would 
have  been  cut  off  in  detail  as  they  arrived,  exhausted  by  the  fatigues 
and  privations  of  the  overland  journey.  The  only  hope  of  their 
salvation,  Stockton  perceived,  was  in  a  campaign  which  would  not 
allow  the  Californians  time  or  opportunity  for  any  hostile  expedi 
tion  against  the  new-comers. 

The  population  of  California,  as  we  have  before  observed,  was 
dispersed  over  a  very  extensive  surface.  From  Suter's  settlement, 
one  hundred  and  thirty  miles  north  of  San  Francisco,  to  San  Diego, 
in  the  southern  part  of  Upper  California,  it  was  near  eight  hundred 
miles.  The  most  populous  parts  of  this  expanse  of  territory  were 
in  the  vicinity  of  the  pueblos  or  towns  dotted  at  intervals  along 
the  coast  or  a  few  miles  from  it  in  the  interior.  The  Commodore 
knew  that  it  would  require  some  time  for  the  Californian  leaders  to 
draw  together  the  whole  strength  of  the  country  from  these  remote 
distances;  and  he  perceived,  with  the  intuition  of  a  military  eye, 
that  by  a  rapid  movement  he  might  defeat  and  disperse  the  enemy 
before  they  could  collect  such  a  superior  force  as  would  render  any 
attempt  to  encounter  them  impracticable.  The  success  of  such  de 
monstrations  would  infallibly  determine  many  of  the  natives  to 
remain  at  home  and  refrain  from  any  participation  in  the  conflict. 
It  would  certainly  break  up  the  session  of  the  Legislature,  frustrate 
the  spoliation  of  the  public  property,  and  protect  the  in-coining 
emigration. 

Had  Commodore  Stockton  failed  to  pursue  this  bold  and  enter 
prising  plan  of  military  operations,  it  is  hardly  probable  that  Cali 
fornia  would  have  been  reduced  before  negotiations  for  peace  were 
commenced.  The  whole  military  strength  of  the  country  would  have 


STOCKTON   ASSUMES   THE    COMMAND-IN-CIIIEF.  115 

been  embodied,  and  perhaps  large  bodies  of  Indians  would  also 
have  been  armed  to  resist  the  approach  of  General  Kearney.  Ar 
riving  in  an  exhausted  condition,  destitute  of  supplies,  his  fate  and 
that  of  his  army  might  have  been  still  more  disastrous  than  that 
which  befell  the  small  detachment  with  which  he  ultimately  came. 

When  we  consider  the  extent  of  surface  in  California  which  was 
to  be  made  the  theatre  of  war, — the  nature  of  the  force  opposed  to 
Commodore  Stockton,  comprising  an  armed  body  of  the  finest 
cavalry  in  the  world,  well  acquainted  with  the  country  and  all  its 
difficult  passes,  so  capable  of  being  defended  by  the  few  against  the 
strong, — and  when,  also,  we  advert  to  the  nature  of  his  own  force, 
comprising  only  between  three  and  four  hundred  sailors  and 
marines,  imperfectly  armed,  unacquainted  with  the  country,  unused 
to  service  on  shore,  assisted  by  one  hundred  and  fifty  volunteers 
under  J»remont,  equally  strangers  to  the  country, — it  must  be 
admitted  that  it  required  great  moral  courage  to  assume  the  re 
sponsibility  of  the  enterprise  which  Commodore  Stockton  thought 
it  his  duty  to  undertake.  He  had  no  precedent  in  American  history 
to  guide  him. .  He  had  no  instructions  which  applied  to  the  emer 
gency.  And  we  are  informed  that  he  held  no  council,  with  whose  r 
deliberations  he  might  divide  the  responsibility  of  his  decisions.  His 
decisions  were  the  result  of  his  own  reflections  and  his  own  patriotic 
sense  of  duty.  Indeed,  we  have  been  informed  that  he  has  said, 
that  from  his  departure  from  the  United  States,  in  the  fall  of  1845, 
to  the  close  of  his  career  in  California,  he  never  asked  the  advice 
of  any  one,  or  took  any  counsel  in  relation  to  any  measure  of  im 
portance. 

Few  naval  officers  could  have  secured  the  same  cheerful  per 
formance  of  extraordinary  duties  from  sailors  and  marines  as  Stock 
ton  obtained,  without  effort,  from  his  men.  The  secret  of  his 
ascendency,  however,  over  those  commanded  by  him,  is  known  to 
all  who  have  served  with  or  under  him. 

While  he  treats  all  alike  with  that  scrupulous  courtesy  which 
cherishes  self-respect  and  flatters  personal  importance,  yet  he  con 
stantly  exacts  the  most  implicit  obedience ;  and  his  men  always 
know  that  he  will  permit  none  of  them  to  encounter  any  danger 
which  their  commander  is  not  willing  to  be  the  foremost  in  sharing. 
Indeed,  while  prodigal  of  his  own  exposure,  he  is  careful  to  allow 
his  men  to  subject  themselves  to  no  risks  which  are  not  indispen 
sably  necessary. 

Having  determined  upon  the  most  decisive  measures,  Commodore 
Stockton,  assuming  the  command-in-chief,  civil  and  military,  issued 


116  PLACES   THE    COUNTRY    UNDER    MARTIAL   LAW. 

his  proclamation  placing  the  country  under  martial  law.  The  pro 
clamation  was  well  conceived  for  the  purpose  of  exciting  the  appre 
hensions  of  those  who  were  disposed  to  resist,  and  of  soothing  and 
allaying  the  fears  of  those  who  were  willing  to  remain  at  home 
peaceful  and  neutral.  The  civil  jurisdiction  of  the  magistrates  and 
legal  tribunals  was  not  to  be  disturbed  while  held  in  subordination 
to  the  authority  of  the  commander-in-chief.  But  the  most  vigorous 
treatment  was  threatened  against  all  hostile  parties. 

This  proclamation  bears  date  the  23d  of  July,  1846, — the  same 
day  on  which  Commodore  Sloat  relinquished  and  Commodore  Stock 
ton  assumed  command  of  the  squadron,  and  is  as  follows : — 

PROCLAMATION. 

CALIFORNIANS  :  —  The  Mexican  goverment  and  their  military 
officers  have,  without  cause,  for  a  year  past,  been  threatening  the 
United  States  with  hostilities. 

They  have  recently,  in  pursuance  of  these  threats,  commenced 
hostilities  by  attacking,  with  7000  men,  a  small  detachment  of  2000 
United  States  troops,  by  whom  they  were  signally  defeated  and 
routed. 

General  Castro,  the  commander-in-chief  of  the  military  forces  of 
California,  has  violated  every  principle  of  international  law  and 
national  hospitality,  by  hunting  and  pursuing  with  several  hundred 
soldiers,  and  with  wicked  intent,  Captain  Fremont,  of  the  United 
States  army,  who  came  here  to  refresh  his  men,  (about  forty  in 
number,)  after  a  perilous  journey  across  the  mountains  on  a  scien 
tific  survey. 

For  these  repeated  hostilities  and  outrages,  military  possession 
was  ordered  to  be  taken  of  Monterey  and  San  Francisco  until  re 
dress  could  be  obtained  from  the  government  of  Mexico. 

No  let  or  hinderance  was  given  or  intended  to  be  given  to  the 
civil  authority  of  the  territory,  or  to  the  exercise  of  its  accustomed 
functions.  The  officers  were  invited  to  remain,  and  promised  protec 
tion  in  the  performance  of  their  duties  as  magistrates.  They  refused 
to  do  so,  and  departed,  leaving  the  people  in  a  state  of  anarchy  and 
confusion. 

On  assuming  the  command  of  the  forces  of  the  United  States  on 
the  coast  of  California,  both  by  sea  and  land,  I  find  myself  in  pos 
session  of  the  ports  of  Monterey  and  San  Francisco,  with  daily  re 
ports  from  the  interior  of  scenes  of  rapine,  blood,  and  murder. 
Three  inoffensive  American  residents  of  the  country  have,  within  a 


HIS    PROCLAMATION.  117 

few  days,  been  murdered  in  the  most  brutal  manner ;  and  there  are 
no  Californian  officers  who  will  arrest  and  bring  the  murderers  to 
justice,  although  it  is  well  known  who  they  are  and  where  they 
are. 

I  must,  therefore,  and  will,  as  soon  as  I  can,  adopt  such  measures 
as  may  seem  best  calculated  to  bring  these  criminals  to  justice,  and 
to  bestow  peace  and  good  order  on  the  country. 

In  the  first  place,  however,  I  am  constrained  by  every  principle 
of  national  honour,  as  well  as  a  due  regard  for  the  safety  and  best 
interests  of  the  people  of  California,  to  put  an  end  at  once,  and  by 
force,  to  the  lawless  depredations  daily  committed  by  General  Cas 
tro's  men  upon  the  persons  and  property  of  peaceful  and  unoffending 
inhabitants. 

I  cannot,  therefore,  confine  my  operations  to  the  quiet  and  undis 
turbed  possession  of  the  defenceless  ports  of  Monterey  and  San 
Francisco,  while  the  people  elsewhere  are  suffering  from  law 
less  violence,  but  will  immediately  march  against  these  boasting 
and  abusive  chiefs,  who  have  not  only  violated  every  principle  of 
national  hospitality  and  good  faith  towards  Captain  Fremont  and 
his  surveying  party,  but  who,  unless  driven  out,  will,  with  the  aid 
of  the  hostile  Indians,  keep  this  beautiful  country  in  a  constant  state 
of  revolution  and  blood,  as  well  as  against  all  others  who  may  be 
found  in  arms,  or  aiding  or  abetting  General  Castro., 

The  present  general  of  the  forces  of  California  is  a  usurper,  has 
been  guilty  of  great  offences,  has  impoverished  and  drained  the 
country  of  almost  its  last  dollar,  and  has  deserted  his  post  now  when 
most  needed. 

He  has  deluded  and  deceived  the  inhabitants  of  California,  and 
they  wish  his  expulsion  from  the  country.  He  came  into  power  by 
rebellion  and  force,  and  by  force  he  must  be  expelled.  Mexico  ap 
pears  to  have  been  compelled,  from  time  to  time,  to  abandon  Cali 
fornia  to  the  mercies  of  any  wicked  man  who  could  muster  one 
hundred  men-in-arms.  The  distances  from  the  capital  are  so  great 
that  she  cannot,  even  in  times  of  great  distress,  send  timely  aid  to 
the  inhabitants;  and  the  lawless  depredations  upon  their  persons 
and  property  go  invariably  unpunished.  She  cannot  or  will  not 
punish  or  control  the  chieftains  who,  one  after  the  other,  have  defied 
her  power  and  kept  California  in  a  constant  state  of  revolt  and  misery. 

The  inhabitants  are  tired  and  disgusted  with  this  constant  suc 
cession  of  military  usurpers  and  this  insecurity  of  life  and  property. 
Therefore,  upon  them  I  will  not  make  war.  I  require,  however,  all 
officers,  civil  and  military,  and  all  other  persons,  to  remain  quiet  at 


118  SENDS   CALIFORNIA   BATTALION    TO    SAN   DIEGO. 

their  respective  homes  and  stations,  and  to  obey  the  orders  they  may 
receive  from  me,  and  by  my  authority;  and,  if  they  do  no  injury  or 
violence  to  my  authority,  none  will  be  done  to  them. 

But  notice  is  hereby  given,  that  if  any  of  the  inhabitants  of  the 
country  either  abandon  their  dwellings  or  do  any  injury  to  the  arms 
of  the  United  States,  or  to  any  person  within  this  territory,  they 
will  be  treated  as  enemies  and  suffer  accordingly. 

No  person  whatever  is  to  be  troubled  in  consequence  of  any  part 
he  may  heretofore  have  taken  in  the  politics  of  the  country,  or  for 
having  been  a  subject  of  General  Castro.  And  all  persons  who  may 
have  belonged  to  the  government  of  Mexico,  but  who,  from  this  day, 
acknowledge  the  authority  of  the  existing  laws,  are  to  be  treated  in 
the  same  manner  as  other  citizens  of  the  United  States,  provided 
they  are  obedient  to  the  law  and  to  the  orders  they  shall  receive 
from  me  or  by  my  authority. 

The  commander-in-chief  does  not  desire  to  possess  himself  of  one 
foot  of  California  for  any  other  reason  than  as  the  only  means  to 
save  from  destruction  the  lives  and  property  of  the  foreign  residents 
and  the  citizens  of  the  territory,  who  have  invoked  his  protection. 

As  soon,  therefore,  as  the  officers  of  the  civil  law  return  to  their 
proper  duties,  under  a  regularly-organized  government,  and  give 
security  for  life,  liberty,  and  property,  alike  to  all,  the  forces  under 
my  command  will  be  withdrawn,  and  the  people  left  to  manage  their 
own  affairs  in  their  own  way. 

R.  F.  STOCKTON, 
Commander-in-chief,  $c.  $c.  fre. 

It  was  ascertained  at  this  time  that  the  Californians  had  col 
lected  an  army  of  between  one  thousand  and  fifteen  hundred  men 
at  Ciudad  de  los  Angeles,  the  seat  of  government  of  the  State. 
There  the  Commodore  determined  to  go  at  once  and  commence 
offensive  operations,  notwithstanding  the  disparity  of  his  forces.  He 
hoped  to  attack  and  defeat  the  enemy  before  he  could  obtain  any 
certain  intelligence  of  the  numbers  of  the  Americans. 

In  twenty-four  hours  after  assuming  the  command,  the  Commo 
dore  organized  and  accepted  the  services  of  the  California  battalion, 
one  hundred  and  sixty  in  number,  and  despatched  them  on  the 
sloop-of-war  Cyane  to  San  Diego,  with  directions  to  Major  Fre 
mont,  after  securing  a  supply  of  horses  and  cattle  in  that  neighbour 
hood,  to  co-operate  with  the  proposed  attack  on  Ciudad  de  los 
Angeles.  Delos  Angeles  is  four  hundred  miles  south  of  Mon 
terey,  and  San  Diego  one  hundred  and  fifty  miles  farther. 


PROCEEDS  TO  SAN  PEDRO.  119 

On  the  1st  of  August,  Commodore  Stockton  sailed  with  the  Con 
gress  to  Santa  Barbara,  whence,  after  leaving  a  garrison,  he  pro 
ceeded  to  San  Pedro,  on  the  coast,  about  thirty  miles  distant  from 
Ciudad  de  los  Angeles.  He  landed  at  once  with  about  three  hun 
dred  and  fifty  sailors  and  marines,  (as  many  as  could  be  spared 
from  the  ship,)  established  them  in  camp,  and  commenced  drilling 
them  for  the  service  contemplated. 

To  create  an  army  out  of  sailors  for  land-service  was  a  novel 
experiment.  It  could  have  succeeded  only  with  a  commander 
who  possessed  the  confidence  and  affections  of  his  men,  and  who 
could  infuse  into  them  the  same  heroic  spirit  by  which  he  was 
himself  animated.  It  was  in  vain  to  attempt  to  subject  the  sailors 
to  the  ordinary  drill  of  soldiers,  or  to  expect  from  them  the  sort 
of  discipline  which  is  required  in  the  army.  No  such  attempt 
was  made.  They  were  simply  directed  to  obey  a  few  words  of 
command,  such  as  "halt,"  "march,"  "form  line,"  "form  square," 
"charge," — and  always  to  keep  the  same  comrade  on  the  left 
or  right.  In  executing  the  necessary  evolutions  in  which  they 
were  exercised,  though  all  at  first  appeared  confusion,  yet  every 
man  soon  rapidly  took  his  proper  place,  and  the  most  perfect 
order  was  immediately  obtained.  With  that  versatility  for  which 
Americans  are  remarkable,  the  sailors  adapted  themselves  with 
the  utmost  alacrity  and  cheerfulness  to  their  new  vocation,  and 
exhibited  entire  docility  in  the  performance  of  their  extraordinary 
duties.  They  saw  their  Commodore  sharing  with  them  all  their 
hardships,  partaking  their  rations  and  their  toils,  marching  side  by 
side  with  them — always  going  ahead  in  time  of  danger, — and  they 
caught  with  inspiration  the  ardour  which  excited  him.  No  insub 
ordination  or  discontent  were  exhibited  by  any  of  them ;  but  each 
one  vied  with  the  other  in  the  patriotic  performance  of  duty.  There 
were  only  about  ninety  muskets  in  the  whole  corps.  Some  were 
armed  with  carbines,  others  had  only  pistols,  swords,  or  boarding- 
pikes.  They  presented  a  motley  and  peculiar  appearance,  with 
great  variety  of  costume ;  and,  perhaps,  no  other  army  similarly 
armed  and  equipped  was  ever  before  marshalled  for  field  operations 
either  in  savage  or  civilized  warfare.  Owing  to  the  protracted 
extension  of  their  absence  from  home,  the  supplies  of  shoes  and 
clothing  had  fallen  short ;  and  the  ragged  and  diversified  colours  of 
their  garments,  as  well  as  the  want  of  uniformity  in  their  arms  and 
accoutrements,  made  them  altogether  a  spectacle  both  singular  and 
amusing. 

While  engaged  in  exercising  his  men,  and  rendering  them  expert,. 


120  TREATMENT    OF    CALIFORNIAN    MESSENGERS. 

or  at  least  familiar  with  the  manoeuvres  necessary  to  enable  them 
to  move  with  facility  and  in  order,  messengers  with  a. flag  of  truce 
appeared  on  one  of  the  distant  hills  in  the  direction  of  De  los 
Angeles.  As  soon  as  the  Commodore  was  informed  of  their  ap 
proach,  he  believed  that  they  had  come  for  the  purpose  of  observa 
tion  as  much  as  for  any  thing  else,  and  he  determined  that  the 
knowledge  they  derived  from  their  visit  should  contribute  to  his 
own  benefit.  Accordingly,  he  resolved  on  such  a  display  as  would 
deceive  the  enemy  with  respect  to  his  numbers,  and  compel  the 
bearers  of  the  flag  of  truce  to  return  with  very  exaggerated  ideas 
of  the  formidable  army  which  they  were  soon  to  encounter.  He 
ordered  all  his  men  under  arms,  and  directed  them  to  march,  three 
or  four  abreast,  with  intervals  of  considerable  space  between  each 
squad  of  three  or  four,  directly  in  the  line  of  vision  of  the  approach 
ing  messengers,  to  the  rear  of  some  buildings  on  the  beach,  and 
thence  to  return  in  a  circle  and  continue  their  march  until  the 
strangers  had  arrived.  Part  of  the  circle  described  in  the  march 
was  concealed  from  view,  so  that  to  the  strangers  it  would  appear 
that  a  force  ten  times  greater  than  the  actual  number  of  it  was 
defiling  before  them. 

When  the  bearers  of  the  flag  of  truce  had  arrived,  he  ordered 
them  led  up  to  him  alongside  of  the  artillery,  which  consisted  of 
several  six-pounders  and  one  thirty-two-pound  carronade.  The 
guns  were  all  covered  with  skins  in  such  a  manner  as  to  conceal 
their  dimensions,  excepting  the  huge  mouth  of  the  thirty-two- 
pounder  at  which  the  Commodore  was  posted  to  receive  his  guests. 
He  supposed  that,  in  all  probability,  neither  of  them  had  ever 
before  seen  such  an  instrument  of  war,  and  that  the  large  and 
gaping  aperture  of  the  gun,  into  the  very  mouth  of  which  they  were 
compelled  to  look,  would  be  very  likely  to  disturb  their  nerves. 

As  his  purpose  was  that  of  intimidation,  he  received  them  with 
sternness,  calculated  to  co-operate  with  the  impression  to  be  pro 
duced  by  the  artillery.  They  proved  to  be  bearers  of  despatches 
from  General  Castro.  He  warned  the  Commodore  to  desist  from 
his  contemplated  expedition,  and  proposed  a  truce,  by  the  terms  of 
which  each  party  should  maintain  its  present  position,  unmolested 
by  the  other,  until  intelligence  of  a  more  definite  character  could  be 
obtained  from  Mexico  and  the  United  States,  or  until  the  conclu 
sion  of  peace.  Delay,  however,  was  just  exactly  the  opportunity 
which  the  Commodore  had  not  the  remotest  idea  of  affording  the 
enemy.  He  knew  that,  as  soon  as  the  Californian  generals  should 
discover  his  comparative  weakness,  they  would  not  be  likely  to 


SUCCEEDS    IN    DECEIVING    GENERAL    CASTRO.  121 

observe  any  truce.  The  authority  of  one  General  to  conclude  a 
truce  might  be  disavowed  by  another.  The  advantages  of  a  truce 
would  be  entirely  with  the  enemy.  It  would  enable  them  to  ascer 
tain  their  own  superiority  of  numbers,  which  it  only  required  time 
to  concentrate,  when  they  would  inevitably  become  invincible  by 
any  available  force  within  the  Commodore's  control. 

He  directed  the  Californians  to  return  to  their  master  and  inform 
him  that  the  American  commander  intended  to  march  immediately 
on  Ciudad  de  los  Angeles ;  that  General  Castro  should  prepare  to 
surrender  his  arms,  disperse  his  forces,  and  require  his  men  to  re 
turn  to  their  homes  and  demean  themselves  peaceably,  under 
penalty  of  being  dealt  with  in  the  most  rigorous  manner.  He 
ordered  them  to  tell  Castro  that  he  would  not  negotiate  with  him  on 
any  other  terms  than  those  of  absolute  submission  to  the  authority  of 
the  United  States.  Having,  through  an  interpreter,  delivered  this 
message  in  the  most  fierce  and  offensive  manner  and  in  a  tone  of 
voice  significant  of  the  most  implacable  and  hostile  determination, 
he  waved  them  from  his  presence  imperiously  with  the  insulting 
imperative,  "Vamose."  The  Californians  made  haste  to  escape 
from  the  presence  of  an  enemy  apparently  so  ferocious  and  formid 
able,  and  their  ominous  retiring  glances  at  the  terrific  gun  showed 
but  too  plainly  that  the  work  of  intimidation  was  effectual. 

The  Commodore,  after  they  were  beyond  hearing,  expressed  the 
opinion  to  his  officers  that  these  messengers  would  carry  to  Castro's 
camp  such  an  account  of  their  observations  as  would  supersede  the 
necessity  of  any  very  desperate  battle. 

Two  days  afterwards,  another  embassy  from  Castro  arrived.  This 
renewed  attempt  to  negotiate  satisfied  the  Commodore  that  his 
treatment  of  the  first  messengers  had  operated  well,  and  he  repeated 
his  experiment  of  intimidation,  by  refusing  again  in  the  most  insult 
ing  manner  any  overtures  for  a  suspension  of  hostilities.  The  offer 
to  treat  at  this  time  was  accompanied  with  sonorous  and  boastful 
threats  and  bombastic  defiance.  Castro  in  a  letter  informed  the 
Commodore  of  his  certain  defeat  in  case  he  advanced,  and  that  the 
Californians  were  determined,  to  the  last  man,  to  perish  in  defence 
of  their  country.  The  bearer  of  this  last  despatch  was  received 
and  treated  with  the  same  uncompromising  severity  as  the  first. 

The  Commodore  undoubtedly  succeeded  in  deceiving  Castro 
respecting  the  numbers  and  strength  of  his  little  army.  Otherwise, 
the  Californian  general  never  would  have  suffered  him  to  penetrate  to 
De  los  Angeles  without  more  than  one  effort  to  impede  his 
progress. 


122  MARCHES    ON   CIUDAD   DE   LOS   ANGELES. 

The  forces  of  Castro  were  treble  that  of  the  invaders.  He  had 
a  fine  park  of  artillery,  his  men  were  well  mounted  and  equipped. 
There  were  several  narrow  defiles  between  San  Pedro  and  Los 
Angeles,  where  a  few*  determined  men  might  have  maintained  their 
ground  against  ten  times  their  own  numbers.  Under  a  brave  and 
skilful  leader,  the  troops  in  command  of  Castro  were  sufficiently 
numerous  to  have  driven  the  sailors  to  their  ships,  or  to  have 
slaughtered  or  captured  every  man  of  them.  But,  ignorant  of  the 
Commodore's  strength,  and  impressed  with  the  belief  that  it  was  far 
greater  than  his  own,  Castro  failed  to  take  advantage  of  the  most 
favourable  passes  in  which  to  meet  his  enemy,  .and,  anxious  to 
keep  a  position  where  access  to  the  open  plains  would  afford  him 
the  facilities  for  escape,  he  intrenched  himself  in  the  vicinity  of 
Ciudad  de  los  Angeles,  and  apparently  prepared  to  fight  a  pitched 
battle  on  the  plain. 

Having  made  all  suitable  arrangements,  Commodore  Stockton, 
after  waiting  to  hear  from  Major  Fremont  as  long  as  he  thought  it 
prudent,  determined  to  proceed  without  him.  Pie,  however,  de 
spatched  a  courier  to  inform  the  Major  of  his  advance,  and  on 
the  eleventh  of  August  commenced  his  march  on  Ciudad  de  los 
Angeles.  * 

The  only  provisions  of  the  little  army  were  cattle  and  sheep, 
which  were  enclosed  in  a  hollow  square,  and  thus  protected  both 
from  the  marauding  attacks  of  the  enemy  and  from  escape.  The 
enemy  were  often  in  sight,  threatening  their  flanks  or  advance- 
guard,  and  hovering  on  the  brows  of  the  adjacent  hills.  The  artillery 
and  ammunition-carts  were  dragged  along  by  the  sailors  over  hills 
and  through  tedious  valleys  of  sand,  but  without  complaint  or 
reluctance. 

On  the  twelfth,  as  they  approached  within  a  few  miles  of  Castro's 
position,  another  courier  from  him  presented  himself.  He  was 
commissioned  to  deliver  a  pompous  message,  informing  the  Commo 
dore  "  that  if  he  marched  upon  the  town  he  would  find  it  the  grave 
of  his  men."  "Then,"  said  he,  "tell  your  general  to  have  the 
bells  ready  to  toll  in  the  morning  at  eight  o'clock,  as  I  shall  be 
there  at  that  time."* 

He  was  there  at  that  time  ;  but  the  Californian  general  of  couriers 
and  despatches  was  unwilling  to  risk  a  battle.  Both  he  and  his 
troops  were  evidently  panic-stricken.  Their  fears  had  been 
excited  by  the  bold  and  confident  deportment  of  their  adversary, 

. . 

*  Colton  s  Three  Years  in  California. 


FLIGHT   OF   GENERAL   CASTRO.  123 

and  they  shrunk  from  conflict  with  a  foe  apparently  so  desperate 
and  daring,  who  would  neither  parley  nor  negotiate,  and  whose  de 
mands  were  as  arrogant  as  they  were  uncompromising. 

Castro  did  not  wait  to  receive  a  charge,  but,  without  firing  a  gun, 
and  before  the  Commodore  was  visible  to  him,  broke  up  his  camp, 
ordered  the  bulk  of  his  army  to  disperse,  and,  with  a  small  detach 
ment  of  followers,  mounted  on  their  swiftest  coursers,  fled  in  the 
direction  of  Sonora. 

His  artillery  fell  into  the  hands  of  the  Americans.  His  principal 
officers  and  a  portion  of  his  troops  surrendered  prisoners  of  war. 
On  the  following  day,  D*on  Andreas  Pico,  former  governor,  and 
General  Jose  Maria  Flores,  also  surrendered,  and  were  set  at 
liberty  on  their  parole  of  honour  not  to  serve  against  the  United 
States  during  the  war. 

Ciudad  de  los  Angeles  capitulated  without  any  specification  of 
terms,  and,  on  the  13th  of  August,  Commodore  Stockton  took 
possession  of  the  capital  of  California. 

The  effect  of  this  successful  expedition,  though  achieved  without 
bloodshed,  was  equivalent  to  the  most  triumphant  victory.  As  a 
skilful  chess-player,  who  checkmates  his  opponent  without  the  loss 
of  a  man  on  either  side,  so  the  Commodore,  by  the  sagacity  and 
boldness  of  his  demonstrations,  gained  every  thing  which  could 
have  been  obtained  by  a  well-fought  and  bloody  battle. 

The  flight  of  Castro,  the  dispersion  of  his  troops,  the  capture  of 
Ciudad  de  los  Angeles,  the  dissolution  of  the  Legislature,  and, 
indeed,  of  the  government,  by  the  surrender  of  Pico  and  Flores, 
and  the  general  submission  of  all  other  functionaries,  apparently 
terminated  all  contest  in  California. 

Those  disposed  to  fight  were  without  leaders  in  whom  confidence 
could  be  placed.  The  spirit  of  resistance  was  humbled  and  sub 
dued.  The  whole  population  were  impressed  with  exaggerated 
opinions  of  the  powers  and  desperation  of  the  foe.  There  was  no 
general  to  whose  standard  they  could  rally.  All  the  principal  sea 
ports  were  in  the  possession  of  the  Americans.  The  country  was, 
in  fact,  conquered,  and  it  only  remained  for  the  conqueror  to 
establish  laws  for  its  civil  government  in  order  to  complete  the 
work  of  subjugation.  This  he  proceeded  to  do  without  delay. 

The  territory  was  divided,  for  its  military  government,  into  three 
departments,  in  each  of  which  a  military  commandant  was  appointed. 
Colonel  Fremont,  who  had  arrived  after  the  flight  of  Castro,  was 
appointed  military  commandant  for  the  whole  territory,  with  a 
general  superintendence  over  all  the  departments. 


124  STOCKTON  PROCEEDS  NORTH. 

Commodore  Stockton  was  averse  to  the  continuance  of  martial 
law  after  the  general  submission  of  the  inhabitants.  But,  as  many 
of  the  civil  officers  of  the  recent  government  were  unwilling  to  act 
under  the  new  order  of  affairs,  the  Commodore  ordered  an  election 
to  supply  their  places.  The  election  was  held  on  the  15th  of  Sep 
tember,  and  the  officers  elected  were  duly  commissioned  by  the 
Commodore,  and  entered  upon  the  discharge  of  their  duties.  The 
Commodore  likewise  prescribed  an  ad-valorem  tariff  upon  all  duties 
on  imports,  and  appointed  appraisers,  collectors,  and  other  port- 
officers,  for  the  collection  of  the  revenue.  Thus,  in  little  more  than 
a  month  after  Commodore  Stockton  landed  at  San  Pedro,  the  new 
government,  civil  and  military,  was  organized  and  put  in  operation, 
with  every  indication  that  the  people  of  California  would  acquiesce 
in  submission  to  it  without  further  resistance. 

Commodore  Stockton,  immediately  after  these  events,  despatched 
a  courier  (the  celebrated  Kit  Carson)  to  Washington,  with  full  in 
telligence  of  his  proceedings.*  He  likewise  informed  the  govern 
ment  that,  upon  returning  to  his  ship  and  relinquishing  the  com- 
mand-in-chief  in  California,  he  should  appoint  Colonel  Fremont 
governor. 

The  Commodore,  while  engaged  in  overrunning  and  subduing 
California  and  performing  the  duties  of  a  General  of  land-forces, 
had  not  neglected  the  conduct  of  hostilities  on  the  ocean  and  along 
the  coast.  The  Cyane,  under  Commander  Dupont,  and  the  War 
ren,  under  Commander  Hull,  were  ordered  to  cruise  on  the  Pacific 
coast,  from  Mazatlan  to  the  mouth  of  the  Columbia.  Thirteen 
prizes  were  captured  by  them;  among  others,  the  Malek  Adel,  of 
some  celebrity.  Indeed,  they  so  effectually  scoured  the  coast  as  to 
clear  it  of  every  hostile  vessel. 

After  making  all  necessary  territorial  dispositions,  leaving  gar 
risons  at  San  Diego,  De  los  Angeles,  San  Pedro,  and  Santa  Barbara, 
and  appointing  Major  Gillespie  commandant  of  the  southern  mili 
tary  department,  the  Commodore  proceeded  north  to  examine  into 
the  state  of  affairs  in  that  direction.  A  reported  incursion  of  the 
Indians  brought  him  to  San  Francisco.  There  he  learned  that  the 
report  was  unfounded,  and,  after  a  satisfactory  interview  with  some 
of  the  Indian  chiefs,  he  was  assured  that  no  danger  was  to  be 
apprehended  from  them.  He  found  the  whole  North  as  quiet  and 
as  submissive  to  his  authority  as  the  South  when  he  left  it.  He  was 
received  at  all  the  principal  towns  and  settlements  which  he  visited 

*  See  Appendix,  Official  Letter  of  September  15,  1846,  to  Secretary  of  Navy. 


TRANQUILLITY  OF  THE  COUNTRY.  125 

with  demonstrations  of  admiration  and  respect.  His  arrival  at  San 
Francisco  was  celebrated  by  a  general  turn-out  of  the  inhabitants, 
the  formal  presentation  of  a  congratulatory  address,  a  procession, 
and  other  festivities,  concluding  with  a  grand  banquet  and  a  ball. 

The  inhabitants  in  this  part  of  the  territory  appeared  to  rejoice 
in  the  change  of  government,  which  relieved  them  from  the  exac 
tions  and  oppression  exercised  by  the  tyrannical  governors  and 
petty  military  commandants  wrho  had  so  long  tyrannized  in  Cali 
fornia.  Security  of  personal  property  was  now  perfect  under  the 
authority  of  the  officers  of  the  new  government,  and  no  outrage 
could  be  perpetrated  with  impunity.  The  most  intelligent  among 
them  foresaw  that  the  transfer  of  the  country  to  the  United  States 
would  result  in  greatly  augmenting  its  prosperity,  and  none,  except 
ing  a  few  lawless  and  reckless  dependants  of  the  deposed  Mexican 
authorities,  regretted  the  success  of  the  American  arms. 

These  feelings  of  the  people  were  distinctly  manifested  upon  the 
report  that  a  large  Mexican  force  was  collecting  in  Sonora  for  the 
invasion  of  California  and  the  restoration  of  Mexican  supremacy. 
They  crowded  around  the  Commodore  and  tendered  their  services 
as  volunteers,  and  called  upon  him  to  protect  them  from  the  in 
vaders.  The  restoration  of  Mexican  ascendency  they  seemed  to 
consider  the  worst  calamity  which  could  befall  them.  The  report^ 
however,  proved  to  be  unfounded,  and  the  whole  surface  of  the 
country  appeared  tranquillized  and  its  subjugation  complete. 

Commodore  Stockton  now,  (the  last  of  September,  1846,)  be 
lieving  that  no  further  active  operations  in  California  required  his 
presence,  conceived  the  design  of  prosecuting  the  war  in  Mexico. 
He  proposed  leaving  the  battalion  of  volunteers  under  Major  Fre 
mont  and  Captain  Gillespie  in  charge  of  California,  occupying  the 
principal  positions  and  towns ;  and,  with  an  additional  force  of  a 
thousand  men,  to  be  raised  from  among  the  hardy  adventurers  and 
emigrants  from  the  United  States  now  pouring  into  California,  he 
formed  the  plan  of  sailing  for  Acapulco,  on  the  western  coast  of 
Mexico,  from  whence  he  designed  to  strike  across  the  country,  with 
the  view  of  reinforcing  and  co-operating  with  General  Taylor  or 
General  Scott,  one  of  whom  he  supposed  would  about  this  time  be 
on  the  way  towards  Mexico  City.  It  certainly  would  have  alarmed 
the  Mexican  government,  while  mustering  all  its  strength  to  repel 
an  invasion  from  the  North  and  East,  to  have  heard  of  the  sudden 
advance  of  an  American  army  from  the  West  and  South, — a  direc 
tion  from  which  they  would  least  expect  an  enemy.  The  concep- 


126  STOCKTON'S  DESPATCH  TO  THE  GOVERNMENT. 

tion  of  such  an  expedition  indicates  the  bold  and  enterprising  cha 
racter  of  Stockton.  Had  it  been  put  in  execution,  it  would  have 
produced  an  important  diversion  in  favour  of  General  Scott.  This 
daring  and  adventurous  scheme  has  never  received  that  attention 
from  the  country  which  it  has  deserved.  Nothing,  however,  pre 
vented  its  being  carried  into  effect  but  the  unexpected  insurrection 
in  California.  As  part  of  the  history  of  Commodore  Stockton's 
campaigns  in  California,  the  evidence  of  the  fact  that  he  projected 
such  an  enterprise  cannot  fail  to  be  considered  interesting  and 
important : — 

(From  Senate  Document  No.  31,  Thirtieth  Congress,  Second  Session.) 

"UNITED  STATES  FRIGATE  CONGRESS, 
HARBOUR  OF  SAN  FRANCISCO,  October  1,  1846. 

"  SIR  : — On  my  arrival  here  with  the  Congress  and  Savannah  in 
pursuit  of  the  Walla-Walla  Indians,  I  was  gla'd  to  find  that  their 
numbers  had  been  greatly  exaggerated  and  that  they  were  friendly- 
disposed. 

"  I  have  a  message  from  the  chief  stating  that  he  was  friendly 
and  would  come  down  to  see  me.  I  will  send  the  Savannah  on  her 
cruise  to-morrow,  and  the  Portsmouth  in  a  few  days,  and  will  follow 
myself  in  the  Congress  as  soon  as  I  can,  (if  not  sooner  superseded 
by  Commodore  Biddle,)  to  carry  out  my  views  in  regard  to  Mexico, 
with  which  I  have  not  thought  it  necessary  or  expedient  yet  to  ac 
quaint  the  Department. 

"Our  new  government  goes  on  well.  I  am  arranging  for  a 
•weekly  mail  from  one  end  of  the  territory  to  the  other :  it  will  not, 
I  think,  cost  over  three  or  four  thousand  dollars  per  annum,  which 
will  be  less  expensive  than  the  necessary  expenses  to  keep  one  pro 
perly  informed  in  regard  to  every  part  of  the  territory. 

"If  any  chance  is  given,  I  have  no  doubt  an  effort  will  be  made 
by  the  Mexicans  to  recover  the  territory.  Troops  are  ready  to  come 
from  Mexico  ;  but,  if  they  are  not  seen  on  their  way,  I'll  make  them 
fight  their  first  battle  at  Acapulco,  or  between  that  and  the  city  of 
Mexico. 

"I  have  not,  it  is  true,  a  great  force;  but  their  enthusiasm  and 
impetuosity  must  make  up  the  want  of  numbers. 

"Faithfully,  your  obedient  servant, 

"R.  F.  STOCKTON,  Commodore,  frc. 
"  To  the  Hon.  GEORGE  BANCROFT, 

"Secretary  of  the  Navy,  Washington,  D.C." 


COMMUNICATIONS   WITH    MERVINE   AND   FREMONT.  127 

(Confidential.) 

"UNITED  STATES  FRIGATE  CONGRESS, 
BAY  OF  MONTEREY,  September  19,  1846. 

SIR: — I  have  sent  Major  Fremont  to  the  North  to  see 
how  many  men  he  could  recruit,  with  a  view  to  embark  them  for 
Mazatlan^or  Acapulco,  where,  if  possible,  I  intend  to  land  and  fight 
our  way  as  far  on  to  the  city  of  Mexico  as  I  can. 

"With  this  object  in  view,  your  orders  of  this  date,  in  relation  to 
having  the  squadron  in  such  places  as  may  enable  me  to  get  them 
together  as  soon  as  possible,  are  given. 

"  You  will,  on  your  arrival  on  the  coast,  get  all  the  information 
you  can  in  reference  to  this  matter.  I  would  that  we  might  shake 
hands  with  General  Taylor  at  the  gates  of  Mexico. 

"Faithfully,  your  obedient  servant, 

«  R.  F.  STOCKTON,  Commodore,  £c. 
"  To  CAPTAIN  WILLIAM  MERVINE, 

" United  /States  Frigate  Savannah" 

(Private.) 

"UNITED  STATES  FRIGATE  CONGRESS, 
HARBOUR  OF  SAN  FRANCISCO,  September  28,  1846. 

«  SIR  : — I  am  here,  anxious  to  know  what  prospect  there  is  of  your 
being  able  to  recruit  my  thousand  men  for  a  visit  to  Mexico. 

"Let  me  know  as  soon  as  possible.  Many  serious  arrangements 
will  have  to  be  made,  all  requiring  more  or  less  time,  which,  you 
know,  in  war  is  more  precious  than  <  rubies.' 

"Your  faithful  friend  and  obedient  servant, 

"R.  F.  STOCKTON,  Governor,  £c. 
"To  MAJOR  FREMONT,  Military  Commandant 
of  the  Territory  of  California." 


128  INSURRECTION  AT  THE  SOUTH. 


CHAPTER  X. 

INSURRECTION     AT     THE    SOUTH  —  MOVEMENTS     OF    COMMODORE     STOCKTON  —  FREMONT 
ORDERED  TO  SAN  DIEGO — STOCKTON    SAILS    FOR    SAN    PEDRO — REPULSE    OF    CAPTAIN 

MERVINE — LANDING   OF   FORCES  AT  SAN  PEDRO STOCKTON  PROCEEDS  TO  SAN  DIEGO 

— PREPARATIONS    FOR    MARCH    ON    CIUDAD    DE    LOS    ANGELES — DEFEAT    OF    GENERAL 

KEARNEY  AT  SAN  PASQUAL RELIEVED    BY   STOCKTON   AND   ESCORTED  TO  SAN  DIEGO 

HIS    INSTRUCTIONS CLAIMS  THE    CIVIL  GOVERNORSHIP REFUSES    THE    MILITARY 

COMMAND-IN-CHIEF VOLUNTEERS    AS    AID    OF    STOCKTON — EXTRAORDINARY  LETTER 

OF    KEARNEY STOCKTON'S     REPLY — KEARNEY    TAKES    THE    PLACE    OF    LIEUTENANT 

ROWAN— ORDER    OF    MARCH. 

WHILE  Commodore  Stockton  was  preparing  for  a  campaign  in 
Mexico,  in  co-operation  with  the  army  of  General  Scott,  he  received 
intelligence  which  confined  his  attention  to  California.  No  sooner 
was  it  known  to  Pico  and  Flores  that  the  Commodore  had  gone 
north,  than  those  treacherous  enemies  of  the  United  States,  regard 
less  of  their  parole  of  honour  not  to  serve  again  during  the  war, 
secretly  collected  together  the  remnants  of  their  former  army,  and 
resolved  upon  another  effort  to  expel  the  Americans.  They  were, 
doubtless,  indignant  and  ashamed  that  they  had  suffered  themselves 
to  be  discomfited  by  a  force  so  inferior  to  their  own.  Now  that 
they  knew  their  own  superiority  in  numbers  and  equipment,  they 
felt  confident  that  the  same  disastrous  result  would  not  take  place 
in  case  of  another  rencontre.  The  season  for  action  was  favourable. 
The  formidable  Commodore,  who  had  struck  terror  to  their  hearts, 
was  absent.  Ciudad  de  los  Angeles,  San  Diego,  Santa  Barbara, 
were  each  of  them  garrisoned  with  less  than  a  hundred  men.  Ac 
cordingly,  Pico  and  Flores,  with  four  or  five  hundred  men,  suddenly 
appeared  before  Ciudad  de  los  Angeles.  Major  Gillespie,  the  com 
mandant  of  the  southern  department,  considered  it  vain  to  attempt 
resistance  to  a  force  so  superior.  He  accordingly  capitulated,  and 
was  allowed  to  retire  to  San  Pedro.  Santa  Barbara  was  likewise 
captured,  and  San  Diego  closely  besieged.  Flores  and  Pico  issued 
a  flaming  proclamation,  calling  upon  their  countrymen  to  rise  in 
defence  of  California  and  drive  the  insolent  invaders  from  their  soil. 
They  pretty  generally  responded  to  the  call,  and  an  army  of  about 
a  thousand  mounted  men  was  soon  collected. 

As  soon  as  the  Commodore  was  informed  of  their  proceedings, 


MOVEMENTS   OF   COMMODORE   STOCKTON.  129 

he  made  arrangements,  with  his  usual  promptitude,  to  quell  this 
insurrection  and  restore  peace  to  the  territory.  Captain  Mervine, 
with  the  frigate  Savannah,  was  ordered  to  proceed  to  San  Pedro, 
with  directions  to  hold  the  enemy  in  check  till  he  should  be  rein 
forced  by  the  Commodore.  Colonel  Fremont  was  summoned  to  San 
Francisco  with  his  battalion  of  volunteers.  On  the  12th  of  October 
he  arrived  with  one  hundred  and  twenty  men.  He  was  immediately 
despatched  on  the  Sterling,  with  one  hundred  and  sixty  men,  to  Santa 
Barbara ;  at  which  place,  after  procuring  horses,  he  was  directed 
to  hold  himself  in  readiness  to  join  the  Commodore  in  his  march 
against  the  rebels  at  Ciudad  de  los  Angeles.  The  Commodore,  on 
the  frigate  Congress,  sailed  in  company  with  the  Sterling,  but  ran 
into  Monterey,  and,  having  strengthened  the  place  with  fifty  men, 
proceeded  to  San  Pedro. 

On  his  arrival  there  he  found  that  the  enemy  were  in  the  neigh 
bourhood,  with  a  force  estimated  at  eight  hundred  men.  Captain 
Mervine  had  landed,  and  with  his  crew  commenced  an  advance  on 
Ciudad  de  los  Angeles.  The  enemy  attacked  him  before  he  had 
made  much  progress,  and  after  a  short  conflict  defeated  and  drove 
him  to  his  ship,  and  took  possession  of  San  Pedro.* 

The  morning  after  his  arrival,  the  Commodore  landed,  with  three 
hundred  men,  in  the  face  of  the  foe,  and,  after  a  skirmish,  compelled 
them  to  retreat.  A  camp  was  formed  at  once,  intrenchments 
thrown  up,  and  preparations  made  with  all  haste  to  receive  a  re 
newed  attack.  But,  aware  of  the  presence  of  the  commander-in- 
chief,  the  enemy  declined  a  battle,  which  was  repeatedly  oifered  by 
the  Commodore,  and  contented  themselves  with  harassing  and 
threatening  the  Americans.  When  charged,  they  retreated  with 
their  flying  artillery,  and,  taking  a  new  position,  continued  to  pour 
their  fire  into  the  American  camp.  Having  no  horses  with  which 
to  manuoeuvre  his  guns  or  pursue  the  assailants,  there  was  danger 
that  his  men  would  be  worn  out  with  fatigue.  Learning  also  from 
his  scouts  the  superior  strength  of  the  Californians,  the  Commo 
dore  was  convinced  that  more  ample  preparations  were  necessary  to 
justify  his  advance.  San  Pedro,  however,  was  not  the  place  where 
supplies  could  be  obtained  of  cattle  and  horses.  The  anchorage 
was  too  insecure  to  risk  his  ships  there  at  that  season  for  any 
length  of  time.  San  Diego  afforded  a  good  and  secure  harbour,  and 
there  he  determined  to  proceed  and  consummate  his  preparations 
for  further  offensive  measures.  There,  too,  he  hoped  to  hear  from 

*  See  Appendix  A,  Letter  of  Commodore  Stockton  to  Secretary  of  the   Navy, 
November  23,  1846. 


130  PROCEEDS  TO  SAN  DIEGO. 

Colonel  Fremont,  and  strengthen  himself  by  a  junction  with  the 
California  battalion. 

On  his  way  to  San  Diego,  the  Malek  Adel  was  spoken,  and  in 
formation  received  that  Colonel  Fremont,  unable  to  obtain  horses  at 
Santa  Barbara,  had  gone  to  Monterey  for  that  purpose.  Monterey 
was  between  five  and  six  hundred  miles  north  of  San  Diego.  And 
the  intelligence  that  Colonel  Fremont  had  gone  there,  instead  of 
southward,  seemed  to  afford  no  flattering  prospect  of  any  aid  from 
him  in  time  for  an  early  movement  on  Ciudad  de  los  Angeles.  From 
the  Malek  Adel  also  the  Commodore  heard  that  Lieutenant  Minor 
was  besieged  in  San  Diego ;  and  on  his  arrival  there  he  found  this 
to  be  the  case,  and  the  garrison  reduced  to  severe  straits.  All  the 
male  inhabitants  had  deserted  the  place,  leaving  their  destitute 
families  dependent  for  food  on  Lieutenant  Minor.  In  addition  to 
these  unfavourable  circumstances,  in  attempting  to  enter  the  har 
bour  of  San  Diego  the  Congress  grounded  and  was  in  danger  of 
tumbling  over.  While  the  crew  were  engaged  in  staying  the  ship 
with  spars,  the  town  was  vigorously  attacked.  Notwithstanding  the 
perilous  and  embarrassing  position  of  his  ship,  the  Commodore,  with 
as  many  of  his  men  as  could  be  spared,  immediately  landed,  and, 
after  a  severe  action,  repulsed  the  enemy. 

As  soon  as  the  Congress  was  got  off  and  securely  anchored,  all 
the  marines  and  sailors  of  the  Congress  and  Savannah  were  landed, 
and  preparations  commenced  for  the  march  on  Ciudad  de  los  Angeles. 
But  the  country  in  the  neighbourhood  had  been  scoured  by  the 
enemy,  and  every  horse  and  quadruped  driven  away.  The  first 
preparation  for  an  advance,  therefore,  was  the  acquisition  of  a  sup 
ply  of  horses,  cattle,  and  sheep.  These  could  not  be  obtained  except 
from  a  distance  so  far  south  as  to  be  beyond  the  sweep  of  the  Cali- 
fornian  rangers. 

Captains  Henseley  and  Gibson  were  sent  with  a  small  detach 
ment,  for  this  purpose,  to  Lower  California ;  but  it  was  some  time 
in  December  before  they  succeeded  in  collecting  a  sufficient  number 
of  horses  and  cattle.  In  the  mean  time  the  Commodore  was  inde 
fatigable  in  performing  all  the  duties  of  a  provident  commander.  A 
portion  of  the  men  were  employed  in  constructing  a  fort  for  the 
defence  of  San  Diego.  Others  were  directed  to  manufacture  saddles 
for  the  horses,  and  shoes  of  canvass  and  hides,  for  the  sailors  were 
almost  destitute  of  this  indispensable  article.  Gun-carriages  for 
the  artillery  also  had  to  be  made.  The  sailors  were  regularly  ex 
ercised  in  the  peculiar  drill  prescribed  for  them. 

About  the  1st  of  December,  supposing   that  Colonel  Fremont 


PREPARES   TO    MARCH    ON   LOS   ANGELES.  131 

must  have  succeeded  in  mounting  his  men,  and  consequently  would 
be  on  his  way  down  along  the  shore,  the  Commodore  despatched  a 
gunboat,  under  Lieutenant  Selden,  to  cover  his  march  at  the  mari 
time  Pass  of  Rincon — a  narrow  pass  between  the  mountains  and  the 
sea, — where  a  small  hostile  force  might  otherwise  have  impeded  his 
advance.  No  intelligence,  however,  had  been  received  from  Colonel 
Fremont ;  nor  did  the  Commodore  know  what  had  been  his  success 
in  mounting  his  men  or  obtaining  supplies.  The  extensive  region 
of  country  between  San  Diego  and  Monterey, 'where  Fremont  was 
last  known  to  have  gone,  was  in  the  hands  of  the  enemy.  This 
would  render  any  communication  from  Fremont,  except  by  way  of 
the  sea,  impossible.  Nevertheless,  the  Commodore,  having  full  con 
fidence  in  the  zeal  and  enterprise  of  Colonel  Fremont,  felt  assured 
that  he  would,  by  this  time,  be  on  his  mar-ch  to  Ciudad  de  los 
Angeles,  and,  without  hearing  from  him,  he  determined  on  his  own 
advance,  as  soon  as  Captains  Henseley  and  Gibson  (now  expected 
every  day)  should  arrive  from  the  South  with  supplies.  Scouts  were 
sent  off  in  various  directions  to  reconnoitre  the  movements,  position, 
and  strength  of  the  enemy,  and  his  entire  force  held  in  such  a, 
state  of  preparation  that  on  the  shortest  notice  they  would  be  able 
to  proceed  on  the  expedition. 

We  may  well  conceive  how  distasteful  to  a  commander  of  the 
Commodore's  temperament  this  delay  at  San  Diego  must  have  been. 
Though  delighting  in  action,  and,  when  prepared  to  act,  im 
petuous  and  rapid  in  his  movements,  Commodore  Stockton  unites 
caution  and  prudence  with  those  active  qualities  which  characterize 
him.  He  leaves,  if  possible,  nothing  to  chance.  He  makes  every 
needful  provision  for  emergencies  with  the  most  careful  circum 
spection.  He  calculates  every  step  before  he  advances.  But,  when 
he  determines  upon  action,  he  moves  swiftly,  he  tolerates  no  delay : 
no  obstacle  is  then  deemed  unsurmountable,  no  dangers  formidable, 
no  achievement  impossible, 

While  impatiently  awaiting  the  return  of  Captains  Henseley  and 
Gibson,  the  Commodore  was  surprised  by  a  messenger  from  General 
Kearney,  bearing  the  following  letter : — 

"  HEAD-QUARTERS,  ARMY  OF  THE  WEST  CAMP  AT  WARNER'S, 
December  2,  1846 

"SiR  : — I  this  afternoon  reached  here,  escorted  by  a  party  of  the 
first  regiment  of  dragoons.  I  came  by  orders  of  the  President  of 
the  United  States.  We  left  Santa  Fe  on  the  25th  September, 
having  taken  possession  of  New  Mexico,  annexed  it  to  the  United 


132   CORRESPONDENCE  BETWEEN  KEARNEY  AND  STOCKTON. 

States,  established  a  civil  government  in  that  territory,  and  secured 
order,  peace,  and  quietness  there. 

"If  you  can  send  a  party  to  open  a  communication  with  us  on 
the  route  to  this  place,  and  to  inform  me  of  the  state  of  affairs  in 
California,  I  wish  you  would  do  so,  and  as  quickly  as  possible. 

"  The  fear  of  this  letter  falling  into  Mexican  hands  prevents  me 
from  writing  more.  Your  express  by  Mr.  Carson  was  met  on  the 
Del  Norte  ;  and  your  mail  must  have  reached  Washington  at  least 
ten  days  since. 

"  You  might  use  the  bearer,  Mr.  Stokes,  as  a  guide  to  conduct 
your  party  to  this  place. 

"Very  respectfully,  your  obedient  servant, 

«  S.  W.  KEARNEY, 
"Brigadier- General  U.  S.  A. 
«  COMMODORE  K.  F.  STOCKTON, 

"  United  States  Navy,  commanding 

Pacific  Squadron,  San  Diego" 

To  this  letter  the  Commodore,  on  the  evening  of  its  receipt,  sent 
the  following  prompt  reply: — 

"  HEAD-QUARTERS,  SAN  DIEGO,  December  3,  6£  o'clock  P.M. 

«  SIR  : — I  have  this  moment  received  your  note  of  yesterday  by 
Mr.  Stokes,  and  have  ordered  Captain  Gillespie,  with  a  detachment 
of  mounted  riflemen  and  a  field-piece,  to  proceed  to  your  camp  with 
out  delay. 

"  Captain  Gillespie  is  well  informed  in  relation  to  the  present 
state  of  things  in  California,  and  will  give  you  all  needful  informa 
tion.  I  need  not,  therefore,  detain  him  by  saying  any  thing  on  the 
subject. 

"  I  will  merely  say  that  I  have  this  evening  received  information, 
by  two  deserters  from  the  rebel  camp,  of  the  arrival  of  an  addi 
tional  force  in  this  neighbourhood  of  one  hundred  men,  which,  in 
addition  to  the  force  previously  here,  makes  their  number  about  one 
hundred  and  fifty. 

"  I  send  with  Captain  Gillespie,  as  a  guide,  one  of  the  deserters, 
that  you  may  make  inquiries  of  him,  and,  if  you  see  fit,  endeavour 
to  surprise  them. 

"Faithfully,  your  obedient  servant, 

"  R.  F.  STOCKTON,  Commander-in-chief 

and  G-overnor  of  the  Territory  of  California. 
«To  BRIGADIER-GENERAL  KEARNEY, 
"United  States  Army." 


RECEIVES   A    DESPATCH    FROM    KEARNEY.  133 

The  letter  of  General  Kearney  did  not  inform  the  Commodore 
that  the  General  was  in  any  danger  ;  and  his  messenger  represented 
him  to  have  a  force  of  three  hundred  and  fifty  men.  On  the  even 
ing  on  which  the  General's  letter  was  received,  the  Commodore 
ordered  Lieutenant  Beale  and  Major  Gillespie,  with  thirty-five  men, 
to  proceed  as  an  escort  to  meet  and  welcome  the  General.  A  day 
or  two  after  Lieutenant  Beale  and  Major  Gillespie  had  left,  a  mes 
senger  arrived  from  General  Kearney  with  official  information  that 
the  General  had  been  attacked  by  a  superior  force  and  defeated,  with 
the  loss  of  eighteen  men  killed  and  many  wounded,  including  the 
General  himself,  and  the  loss  of  part  of  his  artillery. 

The  messenger  delivered  the  following  despatch  from  General 
Kearney's  camp: — 

"  HEAD-QUARTERS,  CAMP  NEAR  SAN  PASQUAL, 
December  G,  1846. 

"  SIR  : — I  have  the  honour  to  report  to  you  that  at  early  dawn 
this  morning,  General  Kearney,  with  a  detachment  of  United  States 
dragoons,  and  Captain  Gillespie's  company  of  mounted  riflemen,  had 
an  engagement  with  a  very  considerable  Mexican  force  near  this 
camp. 

"  We  have  eighteen  killed  and  fourteen  or  fifteen  wounded — several 
so  severely  that  it  may  be  impracticable  to  move  them  for  several 
days.  I  have  to  suggest  to  you  the  propriety  of  despatching,  with 
out  delay,  a  considerable  force,  to  meet  us  on  the  route  to  San 
Diego,  via  the  Lolidad  and  San  Bernardo,  or  to  find  us  at  this  place  ; 
also,  that  you  will  send  up  carts,  or  some  other  means  of  transport 
ing  our  wounded  to  San  Diego.  We  are  without  provisions,  and  in 
our  present  situation  may  find  it  impracticable  to  obtain  cattle  from 
the  ranches  in  the  vicinity. 

"  General  Kearney  is  among  the  wounded,  but,  it  is  hoped,  not 
dangerously  ;  Captains  Moore  and  Johnston,  1st  dragoons,  killed ; 
Captain  Gillespie,  badly,  but  not  dangerously,  wounded ;  Lieuten 
ant  Hammond,  1st  dragoons,  dangerously  wounded. 

"  I  am,  sir,  very  respectfully,  your  obedient  servant, 

«  H.  S.  TURNER, 
"Captain  United  States  Army,  Commanding."* 

Immediately  on  the  receipt  of  this  letter  the  Commodore  prepared 
to  march  at  the  head  of  all  his  little  army  to  the  relief  of  the  General. 

*  This  letter,  and  the  two  which  precede  it  in  this  chapter,  are  part  of  the  report 
of  the  Secretary  of  the  Navy,  Feb.  14,  1849.  Having  inserted  them  here,  they  are 
omitted  in  Appendix  A. 


134 

But,  before  he  could  carry  this  intention  into  execution,  Lieutenant 
Beale  came  in  and  furnished  the  first  reliable  account  of  the  enemy's 
strength.  They  did  not  amount  to  more  than  a  hundred  and  twenty- 
five  men.  A  detachment,  under  Lieutenant  Gray,  of  two  hundred 
and  fifteen  men,  were  then  immediately  sent  to  the  General's  camp. 
They  found  him  besieged  on  the  hill  of  San  Bernardo,  without  water, 
provisions,  or  horses,  and  his  men  worn  out  with  fatigue.  Upon  tl^e 
approach  of  Lieutenant  Gray  the  enemy  withdrew,  and  the  General 
and  his  dragoons  were  safely  escorted  to  San  Diego. 

General  Kearney,  in  the  spring  of  1846,  having  overrun  New 
Mexico  and  suppressed  whatever  of  hostile  resistance  to  the  United 
States  was  exhibited  there,  was  directed,  by  instructions  from  the 
War  Department  bearing  date  the  3d  and  18th  of  June,  to  raise  one 
thousand  men,  and  proceed  with  them  across  the  country  to  Cali 
fornia,  and,  " should"  he  "conquer  and  take  possession"  of  the 
country,  "  to  establish  a  temporary  civil  government  therein."*  July 
12,  similar  orders  were  issued  to  the  naval  commander  in  California. 

When  only  four  days'  march  from  Santa  Fe,  the  general  met  Kit 
Carson,  the  express  of  Commodore  Stockton,  en  route  for  Washing 
ton,  bearing  despatches  to  the  government,  with  the  information  that 
California  had  been  conquered,  and  a  civil  government  organized 
which  was  peaceably  acquiesced  in  by  the  inhabitants.  Carson  com 
municated  the  substance  of  this  information  to  the  General.  The 
General,  with  no  great  courtesy  to  the  Commodore,  compelled  Car 
son  to  return  with  him,f  forwarding  his  despatches  by  a  messenger 
of  his  own  selection. J 

General  Kearney?  having  thus  learned  that  the  objects  of  his 
expedition  had  been  anticipated  and  the  orders  of  the  government 
addressed  to  him  already  executed,  might  with  propriety  have  turned 
back  himself.  He  did  dismiss  the  greater  part  of  his  men,  and 
sent  them  back  to  New  Mexico,  but  proceeded  with  about  eighty 
dragoons  on  his  way  to  California.  He  should  either  have  carried 
into  effect  strictly  the  whole  of  his  orders  and  gone  to  California 
with  the  1000  men  he  was  directed  to  raise  for  that  purpose,  and 
with  whom  he  had  started,  or,  upon  being  informed  that  the  special 
duty  which  he  was  instructed  to  perform  was  already  successfully 

*  See  despatch  of  3d  June,  in  Appendix  B. 

f  See  Carson's  statement  from  Mr.  Benton's  speech,  in  Appendix  C. 

£  Mr.  Benton,  commenting  on  this  interference  by  General  Kearney  with  the  ex 
press  of  Commodore  Stockton,  says,  that  if  Carson  had  been  permitted  to  proceed,  he 
would  have  returned  from  Washington  in  time  to  have  prevented  all  collision  bet-ween 
the  Commodore  and  the  General. 


KEARNEY   DEFEATED    BY   THE    CALIFORNIANS.  135 

accomplished  by  others,  he  should  have  abstained  altogether  from 
going.  It  by  no  means  should  have  been  taken  for  granted  by  him 
that  the  services  of  all  his  troops  would  not  be  needed  in  California, 
although  it  had  been  already  conquered. 

From  subsequent  events  it  may  be  inferred  that  the  chief  object 
of  General  Kearney  in  proceeding  to  California  with  his  slender 
escort,  after  he  had  heard  of  its  conquest  by  Commodore  Stockton, 
was  to  assume  and  exercise  the  functions  of  governor.  This  mis 
take  of  the  General,  no  matter  to  what  motives  attributed,  produced 
the  subsequent  conflict  of  authority  between  Commodore  Stockton 
and  himself. 

The  facts  in  relation  to  this  conflict  constitute  part  of  the  history 
of  Commodore  Stockton's  proceedings  in  California,  and  an  authen 
tic  narrative  of  them  is  necessary  to  a  complete  understanding  of 
those  proceedings.  Justice  to  the  living  requires  that  the  whole 
truth  should  be  told,  whoever  may  suffer  by  the  revelation. 

After  being  reinforced  by  Lieutenant  Beale  and  Major  Gillespie, 
the  General  found  his  progress  impeded  by  the  enemy,  and  on 
the  6th  of  December  attempted  to  surprise  them  at  San  Pasqual. 
The  accounts  we  have  received  from  officers  who  were  present  and 
engaged  in  the  action,  as  well  as  from  official  documents,  vary  ma 
terially  from  General  Kearney's  official  report.  Doubtless  the 
General  supposed  that  the  Californians  were  as  feeble  and  cowardly 
a  race  as  the  New  Mexicans,  whom  he  had  vanquished  so  easily. 
Whether  such  was  the  case  or  not,  it  turned  out  that  he  was 
himself  surprised. 

The  Californians  feigned  a  flight,  drew  his  best-mounted  dragoons 
into  the  open  plain,  (thus  separating  them  from  the  remainder  who 
were  more  imperfectly  mounted,)  and  then,  suddenly  wheeling  upon 
those  in  the  advance,  dashed  with  the  speed  of  Arabian  coursers  into 
their  ranks,  disordered  by  this  unexpected  charge,  lancing  and 
shooting  his  men,  and  compelling  the  survivors  to  save  themselves 
by  flight.  Eighteen  men  were  killed  and  fifteen  wounded.  Cap 
tains  More  and  Johnston,  of  the  dragoons,  were  among  the  killed. 
General  Kearney  and  Lieutenant  Beale  and  Captain  Gillespie  were 
among  the  wounded.  After  lancing  the  artillery-men,  the  enemy 
succeeded  in  capturing  and  driving  off  the  mules  hitched  to  one  of 
the  howitzers.  Satisfied  with  their  success,  the  Californians  abstained 
from  any  further  attack,  and  contented  themselves  with  holding  him 
in  check.  The  General  took  refuge  on  the  hill  of  San  Bernardo, 
where  they  surrounded  and  besieged  him.  He  was  without  water, 
supplies,  or  ammunition.  Major  Emory,  one  of  his  officers,  in  his- 


136          STOCKTON    OFFERS    KEARNEY    THE    COMMAND-IN-CHIEF. 

"Notes  of  a  Military  Recognisance  through  New  Mexico  to  Cali 
fornia,"  published  by  order  of  Congress,  thus  states  the  condition 
of  General  Kearney  at  San  Bernardo  : — "  Our  provisions  were 
exhausted,  our  horses  dead,  and  our  men,  now  reduced  to  one-third 
their  number,  were  ragged,  worn  down  by  fatigue,  and  emaciated." 

While  thus  besieged,  with  the  prospect  of  being  compelled  to 
capitulate  or  else  to  attempt  cutting  his  way  through  at  all  hazards, 
Lieutenant  Beale,  Mr.  Godey,  and  an  Indian,  on  the  night  of  the  7th 
succeeded  in  eluding  the  vigilance  of  the  foe  and  escaped.  After 
great  privations,  they  reached  San  Diego  by  different  routes,  and 
gave  the  Commodore  precise  intelligence  of  the  General's  critical 
condition,  from  which  he  was  relieved  by  Lietenant  Gray  and  his 
detachment,  sent,  as  we  have  stated,  by  Stockton. 

General  Kearney  was  received  by  the  Commodore  with  the  utmost 
cordiality  and  kindness.  He  surrendered  to  him  his  own  quarters, 
and  treated  him  with  the  most  delicate  attentions  and  chivalric 
courtesy.  Every  reasonable  effort  was  made  to  supply  all  his  neces 
sary  wants  and  to  minister  to  his  comfort.  He  was  immediately 
put  in  possession  of  the  Commodore's  plans, — his  intended  expedi 
tion  to  Ciudad  de  los  Angeles  and  the  expected  co-operation  of  Fre 
mont, — and  furnished  with  all  the  information  necessary  to  a  com 
plete  understanding  of  the  posture  of  affairs. 

Though  it  was  quite  natural  that,  after  making  the  needful  pre 
paration  for  the  march  on  Ciudad  de  los  Angeles,  the  Commodore 
should  feel  desirous  to  conduct  it  himself  and  reap  the  honours 
which  might  accrue  from  success,  yet,  nevertheless,  appreciating 
and  conceding  the  qualifications  of  General  Kearney  to  command 
a  land-force,  and  more  anxious  that  the  enterprise  should  succeed 
than  that  he  should  himself  enjoy  the  glory  of  success,  he  magnani 
mously  tendered  the  command-in-chief  to  General  Kearney,  and 
offered  to  accompany  him  as  his  aid-de-camp.  This  generous  offer 
was  peremptorily  declined.  Whether  the  General  supposed  the 
Commodore  better  qualified  to  command  the  army  consisting  princi 
pally  of  seamen,  or  whether  ashamed  to  supersede  his  benefactor, 
or,  perhaps,  shrinking  from  the  responsibility  of  conducting  so  im 
portant  an  expedition  with  such  an  army,  ludicrously  armed  and 
equipped,  he  thrice  declined  the  offers  of  the  Commodore  to  devolve 
on  him  the  command-in-chief,*  and  offered  to  go  as  his  aid.  But, 
though  unwilling  to  assume  the  command-in-chief,  the  General,  after 

*  See,  in  Appendix  A,  Commodore  Stockton's  Official  Letters  ;  also,  Appendix  B, 
extracts  from  Proceedings  of  Court-martial  on  Fremont. 


LETTER   FROM   KEARNEY   TO    STOCKTON.  137 

exhibiting  his  orders  from  the  Secretary  of  War  of  June  3  and  18, 
1846,  intimated  his  expectation  that  he  would  be  permitted  to  exer 
cise  the  functions  of  civil  governor. 

The  Commodore,  having  furnished  copies  of  his  own  correspond 
ence  with  the  government  for  the  General's  information,  in  which 
all  his  proceedings  in  California  were  detailed  and  his  intention 
to  appoint  Colonel  Fremont  civil  governor  distinctly  expressed, 
courteously  but  explicitly  informed  the  General  that  his  orders,  even 
if  they  had  not  been  superseded  by  those  of  a  later  date,  had  never 
theless  been  anticipated  arid  executed  previously  to  his  arrival. 
General  Kearney's  orders  made  his  assumption  of  the  civil  govern 
ment  of  California'  contingent  upon  his  own  conquest  of  the  country. 
That  contingency  could  never  take  place.  Commodore  Stockton's 
official  information  of  these  facts  was  before  the  government,  and, 
until  its  pleasure,  as  enlightened  by  these  facts,  had  been  communi 
cated  to  him,  he  would  not  alter  or  modify  his  intentions  or 
arrangements.* 

Nothing  more  was  said  at  this  time  by  General  Kearney  on  the 
subject  of  his  claim  to  the  civil  governorship  of  California.  He 
apparently  acquiesced  in  the  decision  of  the  Commodore,  who  really 
supposed  that  General  Kearney,  upon  further  reflection,  coincided 
with  the  views  which  had  been  presented  to  him.  The  Commodore 
believed  that  General  Kearney,  agreeably  to  his  offer,  would  accom 
pany  him  as  his  aid  on  the  expedition  to  Ciudad  de  los  Angeles. 

It  must  be  apparent,  from  the  previous  narrative,  that  General 
Kearney  was  well  informed  of  the  proposed  advance  on  Ciudad  de 
los  Angeles,  for  it  was  in  reference  to  that  advance  that  he  had 
offered  to  act  as  aid  to  the  Commodore.  He  was  cognizant  of  the 
preparations  made  for  it,  and  knew  that  the  Commodore  was  only 
awaiting  the  return  of  Captains  Henseley  and  Gibson  with  a  supply 
of  horses  and  cattle.  With  this  knowledge,  on  the  22d  of  Decem 
ber  he  addressed  the  Commodore  the  following  extraordinary 
letter : — 

"  SAN  DIEGO,  December  22,  1846. 

«DEAR  COMMODORE  : — If  you  can  take  from  here  a  sufficient  force 
to  oppose  the  Californians,  now  supposed  to  be  near  the  Pueblos 
and  waiting  for  the  approach  of  Lieutenant-Colonel  Fremont,  I  ad 
vise  that  you  do  so,  and  that  you  march  with  that  force  as  early  as 
possible  in  the  direction  of  the  Pueblos,  by  which  you  will  be  able 
to  form  a  junction  with  Lieutenant-Colonel  Fremont,  or  make  a 

*  See  Appendix  B. 


138  KEARNEY'S  INTENTION  IN  WRITING  IT. 

diversion  very  much  in  his  favour.  I  do  not  think  that  Lieutenant- 
Colonel  Fremont  should  be  left  unsupported  to  fight  a  battle  upon 
which  the  fate  of  California  may  for  a  long  time  depend,  if  there  are 
troops  here  to  act  in  concert  with  him.  Your  force  as  it  advances 
might  surprise  the  enemy  at  the  San  Luis  mission,  and  make  pri 
soners  of  them.  I  shall  be  happy  in  such  an  expedition  to  accom 
pany  and  to  give  you  any  aid  either  of  head  or  hand  of  which  I  may 
be  capable.  "Yours  truly, 

"S.  W.  KEARNEY,  Brig. -General. 
«  COMMODORE  R.  F.  STOCKTON, 

"Commanding  U.  S.  Forces,  San  Diego"* 

There  could  be  no  possible  motive  for  writing  such  a  letter  ex 
cept,  first,  to  found  on  it  a  claim  to  the  credit  of  having  suggested 
the  expedition  to  Los  Angeles ;  and,  second,  to  use  it  with  Fremont 
as  a  claim  to  his  support  against  Stockton.  Accordingly,  we  find, 
in  his  testimony  on  the  court-martial  of  Colonel  Fremont,  that 
General  Kearney  actually  did  make  this  use  of  it.  On  page  47  of 
those  proceedings,  General  Kearney  testifies: — "In  the  latter  end 
of  December  an  expedition  was  organized  at  San  Diego,  to  march 
to  Los  Angeles  to  assist  Lieutenant  Fremont,  and  was  organized  in 
consequence,  as  I  believe,  of  a  paper  which  I  addressed  to  Commo 
dore  Stockton." 

Commodore'  Stockton  at  once  saw  through  the  purposes  of  the 
General.  Having  only  the  previous  morning  informed  him  of  his 
intention  to  move  onward,  he  must  very  naturally  have  considered 
the  General's  volunteer  advice  to  do  that  which  the  General  well 
knew  he  intended  to  do,  as  insulting  and  prompted  by  some  sinister 
motive.  It  was  an  attempt  on  the  part  of  the  General  to  make 
out  a  paper-claim  to  the  paternity  of  a  movement  for  which  the 
Commodore  had  been  preparing  more  than  two  months.  It  is  quite 
probable  that  Stockton  was  aware,  from  various  little  indications, 
that  Kearney  was  jealous  of  his  exercise  of  authority,  and  mortified 
at  his  refusal  to  surrender  it  to  him,  and  that  a  breach  with  him, 
sooner  or  later,  was  inevitable.  Kearney  had  been  heard  to  speak 
contemptuously  of  the  sailors  as  land-forces,  and  to  doubt  their 
ability  to  cope  with  the  mounted  Californians.  The  Commodore, 
therefore,  whose  nature  it  is  to  meet  an  enemy  more  than  half  way, 
replied  to  the  General  in  such  a  manner  that,  if  he  were  disposed  to 
take  offence,  he  would  not  fail  to  do  so  for  want  of  an  opportunity. 

*  Proceedings  of  Court-martial  of  Colonel  Fremont,  p.  47. 


STOCKTON'S  REPLY.  139 

The  insult  conveyed  by  the  General's  letter  was  ambiguous  on  the 
face  of  it.  But,  whether  written  merely  to  support  his  claim  to  having 
originated  the  expedition,  or  whether  designed  to  convince  Fremont 
that  he  was  a  better  friend  of  his  than  Stockton,  it  was  equally 
offensive.  But  there  was  no  ambiguity  in  the  reply  of  the  Commo 
dore.  The  turpitude  of  the  imputation  was  as  plain  as  language 
could  make  it,  and  must  have  required  all  the  General's  philosophy 
to  digest.  The  reply  was  as  follows : — 

"HEAD-QUARTERS,  SAN  DIEGO,  December  23,  1846. 

"  DEAR  GENERAL  : — Your  note  of  yesterday  was  handed  to  me 
last  night  by  Captain  Turner,  of  the  dragoons. 

"  In  reply  to  that  note,  permit  me  to  refer  you  to  the  conversation 
held  with  you  yesterday  morning  at  your  quarters.  I  stated  to  you 
that  I  intended  to  march  upon  San  Luis  Rey  as  soon  as  possible 
with  a  part  of  the  forces  under  my  command ;  that  I  was  very  de 
sirous  to  march  on  to  the  Pueblo  to  co-operate  with  Lieutenant- 
Colonel  Fremont,  but  my  movements,  after  taking  San  Luis  Rey, 
would  depend  entirely  on  the  information  that  I  might  receive  as  to 
the  movements  of  Colonel  Fremont  and  the  enemy.  It  might  be 
necessary  for  me  to  stop  the  pass  at  San  Filippe,  or  march  back  to 
San  Diego. 

"Noiv,  my  dear  G-eneral,  if  the  object  of  your  note  is  to  advise  me 
to  do  any  thing  which  would  enable  a  larger  force  of  the  enemy  to 
get  in  my  rear,  and  cut  off  my  communications  with  San  Diego, 
and  hazard  the  safety  of  the  garrison  and  the  ships  in  the  harbour, 
you  will  excuse  me  for  saying  I  cannot  follow  any  such  advice. 

"My  purpose  still  is  to  march  for  San  Luis  Rey  as  soon  as  I  can 
get  the  dragoons  and  riflemen  mounted,  which  I  hope  to  do  in  two 
days.  Faithfully,  your  obedient  servant, 

"R.  F.  STOCKTON,  Gommander-in-chief,  $c., 

"  Grovernor  of  the  Territory  of  California. 
«  To  BRIGADIER-GENERAL  S.  W.  KEARNEY, 

«  U.  jS.  Army."* 

To  this  suggestive  epistle  the  General  replied  in  the  following 
deprecatory  and  apologetic  terms  : — 

"SAN  DIEGO,  December  23,  1846. 

COMMODORE: — I  have  received  yours  of  this  date,  repeat 
ing,  as  you  say,  what  you  stated  to  me  yesterday ;  and,  in  reply,  I 


*  Proceedings  of  Court-martial  on  Fremont,  p.  111. 


140  PREPARES   TO   MARCH   ON   LOS   ANGELES. 

have  only  to  remark  that,  if  I  had  so  understood  you,  I  certainly 
would  not  have  written  my  letter  to  you  of  last  evening. 

"  You  certainly  could  not  for  a  moment  suppose  that  I  would  ad 
vise  or  suggest  to  you  any  movement  which  might  endanger  the 
safety  of  the  garrison  and  the  ships  in  this  harbour. 

"My  letter  of  yesterday's  date  stated  that  'If  you  can  take  from 
here,'  &c.,  of  which  you  were  the  judge,  and  of  which  I  knew  no 
thing.  Yours  truly, 

"  S.  W.  KEARNEY,  Brigadier- General. 
«  COMMODORE  R.  F.  STOCKTON, 

"  Commanding  U.  S.  Navy,  $c.  $c.,  San  Diego."* 

On  the  29th  of  December,  having  received  his  supplies  and  made 
every  needful  arrangement  in  his  power,  the  whole  force  was  paraded 
for  the  advance  on  Ciudad  de  los  Angeles.f 

Each  officer  had  his  appropriate  duty  assigned  him.  Captain 
Turner's  company  of  dismounted  dragoons  preferred  marching  on 
foot,J  declining  the  horses  tendered  them  by  the  Commodore  as 
unfit  for  duty.  They,  aided  by  Lieutenant  Davidson,  Lieutenant 
Tilghman  with  'six  pieces  of  artillery,  Midshipman  W.  W.  A.  Thom 
son,  and  Captain  Gillespie's  mounted  riflemen,  acted  as  the  advance, 
the  rear,  and  vanguard.  The  marines  of  the  Congress  and  Ports 
mouth  were  commanded  by  Captain  Zeilen,  who  also  acted  as  adju 
tant  of  the  battalion.  The  musketeers  of  the  Congress,  Savannah, 
Cyane,  and  Portsmouth,  were  officered  by  Lieutenants  Renshaw, 
Hunter,  and  Higgins,  Midshipmen  George  Morgan,  Philip,  Lee, 
Allmand,  Wells,  Grafton,  Duvall,  Haywood,  and  Commodore's  Clerk 
Mr.  Simmons.  The  carbineers  of  the  Congress  were  under  Midship 
men  Duncan  and  Stenson  and  Sailmaker  Reed,  aided  by  Midship 
men  Parish  and  Shepherd, — in  all,  about  six  hundred  men.  Purser 
Speiden  performed  the  duties  of  commissary;  Lieutenant  Minor,  of 
the  Savannah,  acted  as  quarter-master;  Mr.  Southwick,  carpenter 
of  the  Congress,  was  chief  engineer,  and  Captain  Emory  adjutant- 
general.  Lieutenant  Rowan  was  to  act  as  commander  of  the 
division.  Lieutenant  A.  F.  V.  Gray  and  Captain  Miguel  Pedro- 
vena  were  appointed  aids  to  the  commander-in-chief ;  which  position, 
also,  the  Commodore,  up  to  this  time,  supposed  General  Kearney 
was  to  occupy,  agreeably  to  his  previous  offer.  He  had  heard,  pre- 

*  See  proceedings  of  Court-martial,  p.  112. 

|  For  the  order  of  the  march  see  Commodore  Stockton's  Letter,  February  5,  1847, 
Appendix  A. 

J  See  Captain  Turner's  Letter,  Appendix  B. 


KEARNEY   TAKES   ROWAN'S   PLACE.  141 

vious  to  that  moment,  when  the  advance  was  commencing,  no  inti 
mation  that  the  General  desired  any  other  post. 

It  is  possible  that  he  had  not  till  then  decided  whether  or  not  he 
would  accompany  the  expedition.  But,  just  before  the  march  com 
menced,  he  approached  the  Commodore  and  inquired  who  was  to  have 
command  of  the  troops.  The  Commodore  informed  him  that  Lieu 
tenant  Rowan  had  been  designated  for  that  duty.  Kearney  then 
expressed  a  wish  to  take  charge  of  them ;  when  the  Commodore, 
with  that  courtesy  which  marked  his  personal  intercourse  with  the 
General,  immediately  called  up  several  officers,  including  Lieutenant 
Rowan,  and  informed  them  of  the  General's  wish.  Lieutenant 
Rowan  cheerfully  gave  way  to  the  General;  and  the  Commodore 
informed  them  that  General  Kearney  would  take  the  place  of  Lieu 
tenant  Rowan,  while  he  would  himself  act  as  Commander-in-Chief.* 

*  See  Appendix  D, 


142  MARCH    ON   LOS   ANGELES. 


CHAPTER  XI. 

MARCH  ON  CIUDAD  DE  LOS  ANGELES — COMMISSIONER  FROM  FLORES — THE  COMMODORE'S 
TREATMENT  OF  HIM — LETTER  TO  COLONEL  FREMONT — BATTLES  OF  SAN  GABRIEL  AND 
THE  MESA — DISPERSION  OF  THE  ENEMY— COMMODORE  STOCKTON  RE-ENTERS  CIUDAD 
DE  LOS  ANGELES TREATY  OF  COENGO — COLONEL  FREMONT  APPOINTED  CIVIL  GOVER 
NOR — GENERAL  KEARNEY'S  PRETENSIONS — DISMISSED  FROM  HIS  COMMAND  OF  THE 

TROOPS GENERAL    PACIFICATION    OF  CALIFORNIA — COMMODORE    STOCKTON  RETURNS 

TO    HIS    SHIPS — KEARNEY    AND    FREMONT — ENTIRE    APPROVAL    OF    STOCKTON'S    PRO 
CEEDINGS     BY    GOVERNMENT PRESIDENT'S     MESSAGE  —  REPORTS    OF    SECRETARIES 

OF    NAVY   AND    WAR. 

CIUDAD  DE  LOS  ANGELES  is  distant  about  one  hundred  and  fifty 
miles  from  San  Diego.  The  route  is  intersected  with  abrupt 
mountains,  deep  ravines,  and  plains  of  sand.  It  afforded  the  most 
favourable  facilities  for  defence  by  the  enemy,  had  they  possessed 
the  sagacity  or  enterprise  to  profit  by  them. 

The  troops  under  Commodore  Stockton  in  this  expedition  con 
sisted  of  between  five  and  six  hundred  sailors  and  marines,  and 
General  Kearney's  sixty  dismounted  dragoons.  There  were  six 
guns,  principally  six-pounders,  and  a  howitzer  brought  by  General 
Kearney.  There  were  but  about  two  hundred  muskets  in  the  whole 
army.  The  sailors  were  armed  principally  with  carbines  and  board 
ing-pikes.  The  horses  procured  by  Captains  Gibson  and  Henseley 
were  rejected  by  General  Kearney  as  unfit  for  use,  and  those  which 
were  employed  for  the  transportation  of  the  artillery,  ammunition, 
and  baggage,  were  so  emaciated  and  feeble  that  the  sailors  had  to 
perform  the  chief  part  of  their  labour. 

The  army  depended  for  provisions  almost  exclusively  on  the  cattle 
and  sheep  procured  by  Captains  Gibson  and  Henseley.  They 
were  herded  together  and  enclosed  in  a  hollow  square,  and  thus 
guarded  both  from  the  depredations  of  the  enemy  and  from  the 
danger  of  escape. 

In  crossing  the  dry  sandy  bed  of  the  San  Diego  three  hours 
were  consumed.  This  unpromising  commencement  of  the  march 
induced  many  to  express  the  opinion  that  it  was  impossible  to 
proceed.  The  Commodore  inquired  of  the  guides  if  there  was  water 
to  be  obtained  on  the  route.  They  said,  "No,  no;  not  until  they 
arrived  at  the  Solidad," — the  end  of  the  proposed  march  for  the 


REACHES   SAN   LUIS    KEY.  143 

first  day.  "Then,"  said  the  Commodore,  "there  we  must  go,  cost 
what  it  may."  And  there  they  did  go,  though  the  carts  and  guns 
had  to  be  drawn  by  hand  two-thirds  of  the  way.  On  the  next 
morning  the  men  came  in  squads  and  asked  the  Commodore  for 
twenty-four  hours'  rest.  This  request  at  first  was  granted,  and  orders 
to  that  effect  issued.  But,  after  a  few  hours,  his  restless  perse 
verance  induced  him  to  resume  the  march,  and  they  proceeded 
eight  miles  to  the  next  watering-place.  During  the  march,  his 
men,  on  frequent  occasions,  preferred  similar  demands  for  rest,  but 
without  obtaining  the  wished-for  respite. 

It  was  owing  to  this  rapid  advance  of  the  Commodore  that  the 
enemy  were  compelled  to  abandon  a  plan  they  had  formed  to 
attack  and  intercept  Colonel  Fremont.  They  were  afraid  to  leave 
the  city  of  Los  Angeles  lest  it  should  be  captured  by  the  Commo 
dore.  Nor,  with  the  exception  of  a  few  skirmishers,  who  hovered 
on  his  advance,  did  they  attempt  any  offensive  operations  until  he 
had  approached  within  two  days'  march  of  Ciudad  de  los  Angeles. 

A  few  days  after  leaving  San  Diego,  commissioners,  bearing  a 
communication  to  the  Commander-in-Chief,  made  their  appearance, 
and,  having  been  first  met  by  General  Kearney,  were  referred  to  the 
Commodore.  They  were  bearers  of  a  letter  from  General  Flores, 
the  Californian  commander.  The  Commodore  refused  to  receive 
any  communication  from  him,  he  having  broken  his  parole  of 
honour.  He  rejected  the  letter  without  reading  it,  and  directed  the 
commissioners  to  inform  General  Flores  that  if  he  should  be  cap 
tured  again  he  would  be  shot ;  that  he  was  not  an  honourable  man, 
and  that  no  negotiations  could  be  held  with  him. 

San  Luis  Rey  was  reached  on  the  2d  of  January.  On  the  3d, 
Commodore  Stockton  despatched  a  courier,  Mr.  Hanly,  to  find  Fre 
mont,  with  a  letter,  which,  as  it  is  quite  characteristic,  we  shall 
transfer  to  our  narrative. 

"CAMP  AT  SAN  Luis  REY,  January  3,  1847. 

"  MY  DEAR  COLONEL  : — We  arrived  here  last  night  from  San 
Diego,  and  leave  to-day  on  our  march  for  the  City  of  the  Angels, 
where  I  hope  to  be  in  five  or  six  days.  I  learn  this  morning  that 
you  are  at  Santa  Barbara,  and  send  this  despatch  by  the  way  of 
San  Diego,  in  the  hope  that  it  may  reach  you  in  time.  If  there  is 
one  single  chance  for  you,  you  had  better  not  fight  the  rebels  until 
I  get  up  to  aid  you,  or  you  can  join  me  on  the  road  to  the  Pueblo. 

"These  fellows  are  well  prepared,  and  Mervine  and  Kearney's 
defeat  has  given  them  a  deal  more  confidence  and  courage.  If  you 


144  OFFERS   BATTLE   TO   THE    ENEMY. 

do  fight  before  I  see  you,  keep  your  forces  in  close  order.  Do  not 
allow  them  to  be  separated  or  unnecessarily  extended.  They  will 
probably  try  to  deceive  you  by  a  sudden  retreat  or  pretended  run 
away,  and  then  unexpectedly  return  to  the  charge  after  your  men 
get  in  disorder  in  the  chase.  My  advice  to  you  is  to  allow  them  to 
do  all  the  charging  and  running,  and  let  your  rifles  do  the  rest. 

"In  the  art  of  horsemanship,  of  dodging  and  running,  it  is  in 
vain  to  compete  with  them. 

« In  haste,  very  truly,  your  friend  and  obedient  servant, 

"R.  F.  STOCKTON. 
"To  LIEUTENANT-COLONEL  FREMONT,  &c."* 

On  the  evening  of  the  7th  of  January,  being  satisfied  that  the 
enemy  could  not  be  far  distant,  the  Commodore  ordered  some  of 
the  scouts,  under  cover  of  night,  to  proceed  in  advance  and  ascertain 
their  position.  At  ten  o'clock  p.  M.  the  scouts  returned  with  the 
information  that  the  enemy  were  encamped  on  the  river  San  Ga 
briel,  but  a  few  miles  off.  He  was  of  opinion  that  they  intended  to 
offer  battle  on  the  next  day.  "  The  day  suited"  him,  as  he  said  in 
his  despatch  to  the  Secretary  of  the  Navy  of  the  5th  of  February, 
184T. 

On  the  morning  of  the  8th,  as  the  Commodore  sprang  from  his 
pallet  before  day,  he  said  to  his  aid,  Lieutenant  Gray,  "If  I  live, 
and  the  enemy  will  fight,  I  will  give  the  San  Gabriel  a  name  in 
history  along  with  that  of  the  Bridge  of  Lodi." 

At  nine  o'clock,  as  they  came  out  on  the  plain,  he  marshalled  his 
little  army  in  square,  with  the  cattle,  ammunition,  and  baggage- 
carts  in  the  centre,  and  thus  advanced  until  they  came  in  sight  of 
the  opposing  force.  He  found  them  advantageously  posted  on  a 
bluff  or  range  of  low  hills  on  the  other  side  of  the  river,  about  six 
hundred  yards  from  it.  Their  artillery  was  so  placed  as  to  com 
mand  the  ford,  and  strongly  supported  on  each  side  with  detach 
ments  of  cavalry.  The  position  of  the  enemy  was  well  chosen,  and 
their  numbers  about  the  same  as  that  of  the  Americans.  Before  the 
latter  had  reached  the  river,  about  one  hundred  and  fifty  Califor- 
nians  crossed,  but,  without  attempting  a  charge,  soon  retraced  their 
steps,  being  driven  by  Captain  Henseley's  dismounted  skirmishers. 
The  Commodore  now  disposed  his  force  for  an  assault  on  the 
enemy's  position,  and,  passing  through  the  ranks  of  his  men, 
reminded  them  that  it  was  the  8th  of  January,  and  that  he  expected 

*  See  proceedings  of  Court-martial  on  Colonel  Fremont,  page  272. 


BATTLE  OF  THE  SAN  GABRIEL.  145 

their  conduct  would  add  new  lustre  to  the  day.  As  his  men 
advanced  in  broken  files  to  the  ford,  the  enemy  opened  a  galling 
fire  of  round  and  grape  shot.  On  the  brink  of  the  river,  the  column 
was  halted,  the  guns  unlimbered,  by  order  of  General  Kearney,  to 
return  the  fire  of  the  enemy.  Commodore  Stockton,  as  soon  as  he 
perceived  this,  ordered  the  guns  limbered  up,  and  that  not  a  shot 
should  be  fired  until  they  had  reached  the  opposite  bank.* 

In  the  face  of  the  incessant  fire  of  the  foe,  the  whole  force  moved 
forward.  General  Kearney  proceeded  to  try  the  ford,  and,  when 
about  midway  over,  sent  a  message  to  the  Commodore  that  it 
would  be  impossible  to  pass  over  the  guns,  as  the  bed  of  the  river 
was  a  quicksand.  On  receiving  this  message  the  Commodore  sprang 
from  his  horse  into  the  river,  and,  taking  hold  of  the  ropes,  said, 
"Quicksand  or  no  quicksand,  the  guns  shall  pass  over  !"  The  men, 
cheered  by  his  example,  seized  the  ropes  also,  and  soon  landed  the 
guns,  with  three  cheers,  on  the  other  bank. 

The  enemy  stood  their  ground  bravely,  and  continued  an  inces 
sant  fire.  One  man  was  killed  alongside  the  Commodore.  But 
their  shots  mostly  passed  over  the  heads  of  the  assailants. 

The  whole  force  was  now  disposed  for  a  charge  up  the  bluff. 
The  artillery  in  the  centre,  before  the  charge  was  ordered,  under 
the  immediate  direction  of  the  Commodore,  opened  a  fire  on  the 
position  of  the  enemy.  He  levelled  and  aimed  the  guns  himself, 
and  such  was  the  precision  of  his  shots,  that  at  the  second  or  third 
round  he  disabled  one  of  the  enemy's  guns  and  silenced  their  bat 
tery.  They  retreated  from  their  guns  several  times,  but  soon  re 
turned,  and  finally  withdrew  them  to  their  rear.  General  Kearney, 
on  the  right,  was  now  ordered  to  form  a  square  to  support  the  left 
flank,  which  was  threatened  by  a  charge  from  the  enemy's  right. 
The  charge  was  made  and  gallantly  repulsed.  The  Commodore 
then  sent  his  aid,  Lieutenant  Gray,  to  General  Kearney,  with  orders 
to  charge  up  the  hill  with  his  square,  f  while  he  advanced  with  the 

*  See  Proceedings  of  Court-martial,  Appendix,  Purser  Speiden's  Letter. 

j-  As  General  Kearney  in  some  of  his  despatches  claims  to  have  commanded  in 
this  battle  as  well  as  during  the  whole  expedition,  we  insert  here  the  testimony  of 
Lieutenant  Gray  on  this  point,  given  on  the  trial  of  Colonel  Fremont.  See  also 
Appendix  for  further  information  on  this  subject. 

Extract  from  Proceedings  of  Court-martial  of  Colonel  Fremont,  p.  210. 
"Andrew  F.  Gray,  a  lieutenant  in  the  navy,  a  witness  on  the  part  of  the  defence, 
being  duly  sworn  by  the  judge-advocate,  according  to  law,  testified  as  follows : — 
"  Question. — State  the  position  you  held  under  Commodore  Stockton  at  San  Diego. 
"Answer. — I  was  his  aid,  and  one  of  the  lieutenants  of  the  Congress. 

10 


146  DEFEAT    OF   THE    ENEMY. 

centre  and  the  artillery  in  battery.  The  enemy  defended  their 
position  but  a  few  moments,  and  then  broke  and  retreated,  their 
main  body  taking  a  position,  flanked  by  a  ravine,  a  half  mile  from 
the  bluff.  Their  right  wing,  making  a  circuit,  attacked  the  Ameri 
can  rear  under  Captain  Gillespie,  who,  though  encumbered  with 
the  baggage  and  cattle,  gave  them  such  a  reception  that  they  fled 
across  the  river. 

The  left  wing  of  the  enemy  and  their  centre  from  the  ravine 
now  opened  with  their  artillery  on  the  Americans.  The  Commo 
dore,  with  his  usual  care  of  his  men,  made  them  lie  down  to  avoid 
the  shot,  and  took  charge  of  his  guns  in  front,  aiming  and  firing  them 
himself,  until  the  foe  were  driven  from  their  batteries.  As  soon  as 


"  Question. — Did  you  hear  Commodore  Stockton  offer  to  go  as  General  Kearney's 
aid?  And  did  you  hear  General  Kearney  offer  to  go  as  Commodore  Stockton's  aid? 

"Answer. — I  did. 

"  Question. — Did  you  hear  the  address  of  Commodore  Stockton  to  his  officers  at 
the  time  when  the  position  which  had  been  assigned  to  Lieutenant  Rowan  was  given 
to  General  Kearney  ?  and  if  so,  will  you  state  what  passed  on  that  occasion  ? 

"  Answer. — I  was  present  on  the  occasion  referred  to.  I  heard  Commodore  Stock 
ton  confer  the  command  of  the  forces  on  General  Kearney,  reserving  to  himself  the 
office  of  commander-in-chief. 

"The  words  were,  'Gentlemen,  General  Kearney  has  kindly  offered  to  go  with 
us.  Public  duty  requires  that  I  should  appoint  him  to  the  command  of  the  forces. 
You  will  obey  him  accordingly,  reserving  to  myself  the  office  of  commander-in-chief.' 
Those  are  the  words,  as  nearly  as  I  can  recollect  them. 

"  Question. — Did  you  bear  an  order  from  Commodore  Stockton  on  the  8th  of  Janu 
ary,  1847,  on  the  field  of  battle  ?  If  so,  state  the  order  and  the  circumstances. 

"Answer. — I  did  bear  such  an  order  on  the  8th  of  January  to  General  Kearney  on 
the  field  of  battle.  The  enemy  had  been  observed  to  withdraw  their  guns  from  the 
height.  The  Commodore  directed  me  to  go  to  General  Kearney  and  say  to  him  to 
send  a  square  and  a  field-piece  immediately  upon  the  height  to  prevent  the  enemy 
returning  with  their  guns.  I  went  and  gave  him  the  order,  and,  on  my  returning  tc 
Commodore  Stockton,  observed  the  division  or  square  near  General  Kearney  moving 
towards  the  hill. 

"  Question. — Did  you  bear  that  order  in  your  character  of  aid-de-camp  to  Governor 
Stockton  ? 

"Answer. — Yes. 

"  Cross-examined  by  Judge-Advocate. 

"  Question. — Do  you  recollect  the  words  and  manner  in  which  you  delivered  that 
order  ?  Did  you  deliver  it  so  that  General  Kearney  must  have  received  it  as  a  per 
emptory  order  or  as  a  suggestion  ? 

"Answer. — I  carried  it  as  an  order  in  the  usual  respectful  way.  How  General 
Kearney  received  it,  of  course  I  cannot  say.  He  did  not  show  by  his  manner  that  it 
was  disagreeable,  according  to  the  best  of  my  recollection." 

See  also  Appendix  B. 


BATTLE    OF   THE    MESA.  147 

he  perceived  them  waver,  he  ordered  an  advance  of  his  whole  force, 
when  the  enemy  left  their  guns  and  fled  in  confusion.  Having  no 
cavalry,  it  was  impossible  to  follow  them. 

The  American  loss  was  only  two  killed  and  nine  wounded.  The 
loss  of  the  enemy,  as  afterwards  ascertained,  was  over  seventy 
killed  and  one  hundred  and  fifty  wounded. 

The  Americans  encamped  on  the  field  of  battle  near  the  river  San 
Gabriel. 

On  the  morning  of  the  9th  they  pursued  the  track  of  the  retreat 
ing  foe  in  the  direction  of  Ciudad  de  los  Angeles.  After  proceeding 
about  six  miles  across  the  plains  of  the  Mesa,  the  Californians  ap 
peared  in  battle-array  in  a  position  well  chosen,  flanked  by  a  ravine, 
on  the  brink  of  which  their  artillery  was  fixed.  As  soon  as  the 
Americans  approached  near  enough  to  be  reached  by  it,  their 
artillery  began  to  play.  The  Commodore  again  took  charge  of  the 
American  guns,  directing  his  men  to  lie  flat  on  the  ground ;  he 
alone  stood  up  with  the  men  who  worked  the  guns,  and  he  ordered 
them,  too,  to  fall  as  soon  as  they  saw  the  flash  of  the  enemy's 
guns.  In  a  short  time  he  made  the  enemy's  position  so  dangerous 
that  they  prepared  to  charge.  The  Americans  were  then  formed 
into  a  square,  with  their  baggage,  cattle,  and  mules  in  the  centre  of 
it,  the  Commodore,  with  the  artillery,  occupying  a  position  on  the 
side  of  the  square  opposite  to  the  enemy.  As  they  approached, 
their  force  divided  for  the  purpose  of  attacking,  simultaneously, 
three  sides  of  the  square.  The  Commodore  ordered  his  men  to  re 
serve  their  fire  until  they  could  see  the  faces  of  their  foes  distinctly, 
and  till  they  should  hear  the  report  of  his  rifle. 

The  appearance  which  the  Californians  made  on  this  occasion, 
mounted  on  fine  horses,  gaily  caparisoned  with  ribbons  and  pen 
nons  streaming  to  the  breeze,  was  brilliant  and  exciting.  On  they 
came  at  full  gallop,  the  earth  quivering  beneath  their  hoofs,  their 
bright  weapons  flashing  in  the  rays  of  the  sun, — apparently,  with 
desperate  valour,  bent  on  hurling  themselves  upon  the  small,  com 
pact,  and  silent  mass  which  awaited  their  charge.  But,  when  they 
had  approached  as  near  as  the  Commodore  thought  proper,  he  gave 
the  signal,  and  a  deadly  fire  from  the  Americans  emptied  many  a 
saddle  and  checked  their  gallant  advance.  Retiring  a  little,  they 
rallied  their  disordered  ranks,  and  again  charged.  Three  times  this 
charge  was  bravely  made  and  as  bravely  repulsed,  when,  in  de 
spair,  and  finding  the  American  square  impenetrable  and  unterri- 
fied,  the  Californians  abandoned  the  field  and  fled,  dispersing  in 
different  directions.  Having  no  cavalry  of  importance,  it  was  im- 


148  TAKES    POSSESSION    OF    LOS   ANGELES. 

possible  for  the  Americans  to  pursue  them.  The  enemy's  loss  was 
considerable,  though  it  could  not  be  ascertained,  because  they  car 
ried  off  in  their  flight  both  their  dead  and  wounded. 

The  Commodore  continued  his  march  on  the  9th,  and  arrived  in 
the  neighbourhood  of  Ciudad  de  los  Angeles  in  the  evening.  On 
the  following  day,  at  the  head  of  his  army,  he  marched  into  the 
city  and  again  took  possession  of  it.  The  same  American  flag  which 
Major  Gillespie  had  been  compelled  to  strike,  the  Commodore 
ordered  to  be  again  raised. 

The  battles  of  San  Gabriel  and  the  Mesa,  on  the  8th  and  9th  of 
January,  decided  the  fate  of  California.  They  broke  effectually  the 
spirit  of  resistance  to  American  authority.  The  Californians  made 
a  gallant  and  brave  stand  to  uphold  the  supremacy  of  Mexico. 
Under  abler  and  more  experienced  commanders  it  would  have  been 
impossible  to  have  conquered  California  unless  with  an  army  far 
superior  in  numbers  and  training  to  that  led  by  Commodore  Stockton. 

It  may  well  be  doubted,  however,  without  any  disparagement  to 
others,  whether  any  other  commander  than  Stockton,  with  such  a 
force,  so  heterogeneous  and  extraordinary,  could  have  accom 
plished  similar  results. 

The  scattered  remnants  of  the  California!!  army,  under  Flores 
and  Pico,  a  few  days  after  the  Commodore  took  possession  of  Ciudad 
de  los  Angeles,  hearing  of  the  approach  of  Colonel  Fremont,  threw 
themselves  in  his  way  and  made  overtures  of  peace.  Having  already 
been  repulsed  by  Stockton  in  their  attempts  to  negotiate,  because 
they  had  broken  their  parole  of  honour,  they  now  addressed  them 
selves  to  Colonel  Fremont ;  he  granted  them  an  armistice,  and 
opened  negotiations  for  a  final  pacification.  On  the  18th  he  con 
cluded  a  formal  treaty  with  them,  by  which  they  agreed  to  cease  all 
hostilities  and  to  acknowledge  the  authority  of  the  United  States. 
His  treaty  of  capitulation  he  despatched  by  the  hands  of  Colonel  W. 
H.  Russell  to  Ciudad  de  los  Angeles,  with  directions  to  submit  it  to 
Commodore  Stockton  or  General  Kearney,  whichever  was  acting  as 
commander-in-chief. 

Colonel  Russell,  upon  his  arrival  at  Ciudad  de  los  Angeles,  waited 
upon  General  Kearney  first,  but  was  directed  by  him  to  submit  it 
to  Commodore  Stockton  as  the  commander-in-chief.*  He  finally, 

*  Extract  from  Proceedings  of  Court-martial,  p.  321. 

"Mr.  H.  RUSSELL — a  witness. 

"  Answer. — As  before  stated  in  my  chief  examination,  I  was  despatched  by  Lieu 
tenant-Colonel  Fremont,  on  the  evening  of  the  capitulation  of  General  Andreas  Pico, 


SUBMISSION    OF   THE    COUNTRY.  149 

though  not  without  hesitation,  approved  the  articles  of  capitulation. 
Courtesy  and  kind  feelings  towards  Fremont  made  him  disposed  to 
ratify  a  treaty  which  afforded  him  some  claim  to  have  participated 
in  the  important  events  which  terminated  in  the  acquisition  of  the 
country.  Clemency  after  victory  likewise  he  thought  to  be  sound 
policy.  The  subsequent  tranquillity  of  the  country  justified  this 
conclusion.  The  inhabitants  thenceforward  peacefully  submitted  to 
the  authority  of  the  United  States. 

However  meritorious  the  conduct  of  Colonel  Fremont  in  co-ope 
rating  with  Stockton  and  sustaining  his  authority  by  the  levy  of 
troops  and  obedience  to  his  orders,  nevertheless  he  was  not  so  for 
tunate  as  to  participate  in  any  of  the  conflicts  which  decided  the 
fate  of  California.  Castro  was  driven  out  of  the  country  without 
his  direct  aid.  He  was  too  late  to  take  part  in  the  decisive  actions  of 
the  8th  and  9th  of  January.  Indeed,  from  the  time  the  Commodore 
left  San  Diego  until  his  second  occupation  of  Ciudad  de  los  Angeles, 
he  had  heard  nothing  from  Fremont  and  knew  nothing  of  his 
movements.  Undoubtedly  the  force  which  Colonel  Fremont  had 
levied  and  was  marching  forward  to  co-operate  with  Stockton  exer 
cised  a  salutary  influence  on  the  minds  of  the  Californians.  The 
ready  obedience  of  Fremont  to  the  directions  of  his  commander-in- 
chief,  his  industry  and  perseverance,  and  the  fortitude  with  which 
he  contended  against  great  obstacles,  entitle  him  to  high  praise  as 
well  as  the  grateful  consideration  of  his  country.  The  general 
plans  of  both  the  campaigns,  however,  by  which  California  was  con 
quered  and  reconquered,  were  conceived,  directed,  and  executed  by 
Commodore  Stockton.  This  was  abundantly  shown  by  Colonel 
Fremont  in  his  defence  when  on  trial  before  the  court-martial  at 
Washington  in  November  and  December,  1847.  A  large  number 
of  witnesses  who  were  present  in  California  during  the  whole  war 
were  examined  on  that  trial,  and  their  testimony  can  justify  no  other 
conclusion. 


commander-in-chief  of  the  Californians,  to  Los  Angeles,  where  both  Commodore 
Stockton  and  General  Kearney  were,  and  specially  instructed  by  him  (Colonel  Fre 
mont)  to  ascertain  by  all  means  possible  who  was  in  chief  command,  and  to  make  a 
report  accordingly  of  the  capitulation  of  that  day.  I  called  first  on  General  Kearney, 
and  delivered  to  him  a  note  or  letter  addressed  to  him  by  Colonel  Fremont  in  ac 
knowledgment  of  one  that  he  (Colonel  Fremont)  had  received  from  General  Kearney 
on  the  march.  I  told  General  Kearney  my  business,  and  was  directed  by  him  to 
make  my  report  to  Commodore  Stockton,  whom  he  acknowledged  as  being  in  chief  com 
mand,  and  admitted  to  me  that  he  had  served  under  him,  as  such,  from  San  Diego  to 
Los  Angeles.  I  accordingly  made  the  report  to  the  Commodore." 


150  FREMONT'S  PART  IN  THE  WAR. 

From  the  day  when  the  Commodore  commenced  his  march  from 
San  Diego  to  his  triumphant  entry  into  Ciudad  de  los  Angeles, 
General  Kearney,  as  well  as  all  others  under  him,  acted  in  entire 
subordination  to  his  authority.  The  Commodore  was  the  com- 
mander-in-chief,  as  such  was  addressed  in  all  the  letters  and  notes 
he  received  from  Kearney.  He  ordered  when  the  army  should 
move  and  when  it  should  halt  and  where  it  should  encamp.  He  re 
ceived  and  rejected  contemptuously  the  message  from  Flores.  To 
him  the  Adjutant- General  Emory,  the  particular  friend  of  Kearney, 
reported  the  list  of  killed  and  wounded  after  the  actions  of  the  8th 
and  9th.* 

Colonel  Fremont  arrived  in  Ciudad  de  los  Angeles  on  the  loth 
day  of  January.  Having  inadvertently  suffered  himself  to  be  drawn 
into  correspondence  by  General  Kearney,  the  General  assumed  to 
find  in  one  of  his  letters  a  recognition  of  his  authority  from  seniority 
of  rank.  Fremont,  however,  throughout  the  California,  war,  was 
strictly  and  technically  in  the  naval  service  under  Commodore 
Stockton.  He  had  taken  service  under  him  with  an  express  agree 
ment  that  he  would  continue  subject  to  his  orders  as  long  as  he 
continued  in  command  in  California.  This  engagement  both  he 
and  Captain  Gillespie  had  entered  into  from  patriotic  motives  and 
to  render  the  most  efficient  service  to  the  country. 

He  visited  California  originally  upon  topographical,  and  not  on 
military  duty.  His  volunteering  under  Stockton  on  special  service 
was  a  patriotic  impulse,  in  complying  with  which  the  government 
were  in  honour  bound  to  sustain  him.  He,  therefore,  very  properly 
refused  to  violate  his  agreement  with  Stockton  and  unite  with 
Kearney  against  him. 

Having  failed  to  compel  Fremont  to  acknowledge  his  authority, 
the  General  addressed  himself  to  the  Commodore  arid  demanded 
that  he  should  abdicate  the  command-in-chief. 

The  Commodore,  considering  the  subjugation  of  California  com 
plete,  and  that  no  further  hostilities  were  likely  to  take  place,  was 
of  opinion  that  he  might  now  relinquish  his  governorship  a,nd  com 
mand-in-chief  and  return  to  his  ships.  But,  having  informed  the 
Government  that  upon  that  event  he  intended  to  appoint  Colonel 
Fremont  governor,  he  now  proceeded  to  carry  that  design  into 
execution.  General  Kearney,  learning  this  to  be  the  purpose  of 
the  Commodore,  and  desirous  of  exercising  the  functions  of  governor 
himself,  addressed  to  him  the  following  letter,  which,  with  the  en- 

*  See  Appendix  A,  B,  D. 


CORRESPONDENCE    BETWEEN   KEARNEY   AND    STOCKTON.        151 

suing  correspondence,  will  apprise  the  reader  of  the  true  relations 
of  the  parties  better  than  we  could  state  them. 


"  HEAD-QUARTERS,  ARMY  OF  THE  WEST, 
CITJDAD  DE  LOS  ANGELES,  January  16,  1847. 

"  SIR  : — I  am  informed  that  you  are  now  engaged  in  organizing  a 
civil  government  and  appointing  officers  for  it  in  this  territory. 
As  this  duty  has  been  specially  assigned  to  myself,  by  orders  of  the 
President  of  the  United  States,  conveyed  in  letters  to  me  from  the 
Secretary  of  War,  of  June  3,  8,  and  18,  1846,  the  original  of 
which  I  gave  to  you  on  the  12th,  and  which  you  returned  to  me  on 
the  18th,  and  copies  of  which  I  furnished  you  with  on  the  26th 
December,  I  have  to  ask  if  you  have  any  authority  from  the 
President,  from  the  Secretary  of  •  the  Navy,  or  from  any  other 
channel  of  the  President,  to  form  such  government  and  make  such 
appointments. 

"  If  you  have  such  authority,  and  will  show  it  to  me  or  furnish 
me  with  a  certified  copy  of  it,  I  will  cheerfully  acquiesce  in  what 
you  are  doing.  If  you  have  not  such  authority,  I  then  demand 
that  you  cease  all  further  proceedings  relating  to  the  formation  of 
a  civil  government  for  this  territory,  as  I  cannot  recognise  in  you 
any  right  in  assuming  to  perform  duties  confided  to  me  by  the 
President. 

"  Very  respectfully,  your  obedient  servant, 

"S.  W.  KEARNEY, 

"  Brigadier-  General  United  States  Army. 
«  COMMODORE  R.  F.  STOCKTON, 

"Acting  Governor  of  California." 


"  HEAD-QUARTERS,  CIUDAD  DE  LOS  ANGELES, 
January  16,  1847. 

«  SIR  : — In  answer  to  your  note  received  this  afternoon,  I  need 
say  but  little  more  than  that  which  I  communicated  to  you  in  a  con 
versation  at  San  Diego  : — that  California  was  conquered,  and  a  civil 
government  put  into  successful  operation ;  that  a  copy  of  the  laws 
made  by  me  for  the  government  of  the  territory,  and  the  names  of 
the  officers  selected  to  see  them  faithfully  executed,  were  transmitted 
to  the  President  of  the  United  States  before  you  arrived  in  the 
territory. 

"  I  will  only  add,  that  I  cannot  do  any  thing  nor  desist  from  doing 
any  thing  on  your  demand,  which  I  will  submit  to  the  President  and 


152   CORRESPONDENCE  BETWEEN  KEARNEY  AND  STOCKTON. 

ask  for  your  recall.  In  the  mean  time  you  will  consider  yourself 
suspended  from  the  command  of  the  United  States  forces  in  this 
place. 

"  Faithfully,  your  obedient  servant, 

« R.  F.  STOCKTON, 

"  Commander-in- Chief. 
"To  BREVET  BRIGADIER- GENERAL,  S.  W.  KEARNEY." 

"  HEAD-QUARTERS,  ARMY  OF  THE  WEST, 
CIUDAD  DE  LOS  ANGELES,  January  17,  1847. 

"  SIR  : — In  my  communication  to  you  of  yesterday's  date  I  stated 
that  I  had  learned  that  you  were  engaged  in  organizing  a  civil 
government  for  California.  I  referred  you  to  the  President's  in 
structions  to  me  (the  original  flf  which  you  have  seen,  and  copies 
of  which  I  furnished  you)  to  perform  that  duty,  and  I  added  that 
if  you  had  any  authority  from  the  President,  or  any  of  his  organs, 
for  what  you  were  doing,  I  would  cheerfully  acquiesce,  and,  if  you 
had  not  such  authority,  I  demanded  that  you  would  cease  further 
proceedings  in  the  matter. 

"Your  reply  of  the  same  date  refers  me  to  a  conversation  held  at 
San  Diego,  and  adds  that  you  « cannot  do  any  thing  or  desist  from 
doing  any  thing  or  alter  any  thing  on  your  (my)  demand.'  As,  in 
consequence  of  the  defeat  of  the  enemy  on  the  8th  and  9th  instants, 
by  the  troops  under  my  command,*  and  the  capitulation  entered 
into  on  the  13th  instant  by  Lieutenant-Colonel  Fremont  with  the 
leaders  of  the  Californians,  in  which  the  people  under  arms  and  in 
the  field  agree  to  disperse  and  remain  quiet  and  peaceable,  the 
country  may  now,  for  the  first  time,  be  considered  as  conquered 
and  taken  possession  of  by  us ;  and,  as  I  am  prepared  to  carry  out 
the  President's  instructions  to  me,  which  you  oppose,  I  must,  for 
the  purpose  of  preventing  a  collision  between  us  and  possibly  a 
civil  war  in  consequence  of  it,  remain  silent  for  the  present,  leaving 
with  you  the  great  responsibility  of  doing  that  for  which  you  have 
no  authority,  and  preventing  me  from  complying  with  the  Pre 
sident's  orders. 

"Very  respectfully,  your  obedient  servant, 

«  S.  W.  KEARNEY, 
"Brigadier-G-eneral  U.  S.  A. 
«  COMMODORE  R.  F.  STOCKTON,  U.  S.  N., 
"  Acting  Governor  of  California." 

*  See  Appendix  D. 


CORRESPONDENCE   BETWEEN    STOCKTON   AND    KEARNEY.        153 

"  HEAD-QUARTERS,  ARMY  OF  THE  WEST, 
CIUDAD  DE  LOS  ANGELES,  January  17,  1847. 

«  SIR  : — I  have  to  inform  you  that  I  intend  to  withdraw  to-morrow 
from  this  place,  with  the  small  party  which  escorted  me  to  this  country. 
"  Very  respectfully,  your  obedient  servant, 

«  S.  W.  KEARNEY, 

"  Brigadier-0-eneral. 
«  COMMODORE  K.  F.  STOCKTON,  V.  S.  N., 
"Acting  Governor  of  California." 

"  CIUDAD  DE  LOS  ANGELES,  January  17,  1847. 

"  SIR  : — I  have  the  honour  to  be  in  receipt  of  your  favour  of  last 
night,  in  which  I  am  directed  to  suspend  the  execution  of  orders 
which,  in  my  capacity  of  military  commandant  of  this  territory,  I 
had  received  from  Commodore  Stockton,  Governor  and  Commander- 
in-chief  in  California.  I  avail  myself  of  an  early  hour  this  morning 
to  make  such  a  reply  as  the  brief  time  allowed  for  reflection  will 
enable  me. 

"I  found  Commodore  Stockton  in  possession  of  the  country,  exer 
cising  the  functions  of  military  commandant  and  civil  governor,  as 
early  as  July  of  last  year ;  and  shortly  thereafter  I  received  from 
him  the  commission  of  military  commandant,  the  duties  of  which  I 
immediately  entered  upon  and  have  continued  to  exercise  to  the 
present  moment. 

"  I  found,  also,  on  my  arrival  at  this  place  some  three  or  four  days 
since,  Commodore  Stockton  still  exercising  the  functions  of  civil 
and  military  governor,  with  the  same  apparent  deference  to  his 
rank  on  the  part  of  all  officers  (including  yourself)  as  he  maintained 
and  required  when  he  assumed  them  in  July  last. 

« I  learned,  also,  in  conversation  with  you,  that  on  the  march  from 
San  Diego,  recently,  to  this  place,  you  entered  upon  and  discharged 
duties  implying  an  acknowledgment,  on  your  part,  of  supremacy  to 
Commodore  Stockton. 

"I  feel,  therefore,  with  great  deference  to  your  professional  and 
personal  character,  constrained  to  say  that,  until  you  and  Commo 
dore  Stockton  adjust,  between  yourselves,  the  question  of  rank, 
where  I  respectfully  think  the  difficulty  belongs,  I  shall  have  to  re 
port  and  receive  orders,  as  heretofore,  from  the  Commodore. 

"With  considerations  of  high  regard,  I  am,  sir,  your  obedient 
servant, 

«  J.  C.  FREMONT,  Lieutenant- Colonel   U.  S.  Army,  and 
Military  Commandant  of  the  Territory  of  California. 

"BRIGADIER-GENERAL   S.  W.  KEARNEY,    U.  S.  Army" 


154       STOCKTON'S  COURSE  COMMENDED  BY  GOVERNMENT. 

In  pursuance  of  his  original  intentions  as  communicated  to  the 
Government  in  August,  1846,  Commodore  Stockton  now  appointed 
Colonel  Fremont  Civil  Governor  of  California,  and  Colonel  William 
H.  Russell,  Secretary.  Governor  Fremont  immediately  entered  on 
the  duties  of  his  office,  and  the  people  acquiesced  in  his  exercise 
of  authority. 

The  Commodore  and  his  maritime  army  returned  to  the  squadron. 

The  performance  of  his  duties  as  Governor  of  California  by 
Colonel  Fremont  were  incompatible  with  the  authority  which  General 
Kearney  attempted  to  exercise  over  him  by  virtue  of  seniority  of 
rank.  Notwithstanding  the  President  and  Secretary  of  War  both 
justified  the  appointment  of  Colonel  Fremont  by  Commodore  Stock 
ton  as  Civil  Governor  of  California,  yet,  nevertheless,  he  was  per 
mitted  to  be  brought  to  trial  on  charges  of  disobedience  preferred 
by  General  Kearney.  He  was  found  guilty  on  several  charges  and 
specifications  by  a  court  evidently  disposed  to  favour  General  Kear 
ney.  The  finding  of  the  court  was  approved  in  part  by  the  Presi 
dent,  but  the  sentence  remitted. 

Indignant  with  the  injustice  and  inconsistency  manifested  by  the 
Government,  Colonel  Fremont  promptly  resigned  his  commission  in 
the  army. 

Towards  the  close  of  the  Mexican  war,  the  army  was  powerful 
and  popular  at  Washington.  The  esprit  de  corps  of  military  gen 
tlemen  was  piqued  and  offended  with  Fremont's  deference  to  a  naval 
commander,  and  his  sacrifice  was  demanded.  The  President  and 
Secretary  of  War  had  not  the  moral  courage  and  firmness  which 
the  occasion  required,  and  Colonel  Fremont  was  driven  from  the 
army. 

The  Government  received  intelligence  of  the  success  of  Commo 
dore  Stockton  in  California  in  October,  3  846,  and  were  well  pleased 
with  the  prospect  of  the  realization  of  their  views  respecting  that 
country. 

The  President,  in  his  annual  message  of  December,  1846,  ap 
proved  and  justified  the  proceedings  of  the  Commodore  in  the  most 
comprehensive  terms.  He  says  : — 

"  Our  squadron  in  the  Pacific,  with  the  co-operation  of  a  gallant 
officer  of  the  army  and  a  small  force  hastily  collected  in  that  distant 
country,  have  acquired  bloodless  possession  of  the  Calif ornias,  and 
the  American  flag  has  been  raised  at  every  important  point  in  that 
province.  I  congratulate  you  on  the  success  which  has  thus  at 
tended  our  military  and  naval  operations. 

'"By  the  laws  of  nations,  a  conquered  territory  is  subject  to  be 


EXTRACTS    FROM    OFFICIAL    DOCUMENTS.  155 

governed  by  the  conqueror  during  his  military  possession  and  until 
there  is  either  a  treaty  of  peace  or  he  shall  voluntarily  withdraw 
from  it.  The  old  civil  government  being  necessarily  superseded,  it 
is  the  right  and  duty  of  the  conqueror  to  secure  his  conquest  and 
to  provide  for  the  maintenance  of  civil  order  and  the  rights  of  the 
inhabitants.  This  right  has  been  exercised  and  this  duty  performed 
by  the  establishment  of  temporary  governments  in  some  of  the  con 
quered  provinces  of  Mexico,  assimilating  them,  as  far  as  practicable, 
to  the  free  institutions  of  our  own  country." 

The  Secretary  of  War,  in  his  annual  report  of  the  same  year, 
(1840,)  thus  speaks  of  the  events  in  California : — 

"  Commodore  Stockton  took  possession  of  the  whole  country  as 
a  conquest  of  the  United  States,  and  appointed  Colonel  Fremont 
governor,  under  the  law  of  nations,  to  assume  the  functions  of  that 
office  when  he  should  return  to  the  squadron." 


Extract  from  a  letter  of  the  Secretary  of  the  Navy  to  Commodore 
II.  F.  Stockton,  dated  November  5,  1846.* 

"The  difficulties  and  embarrassments  of  the  command,  without  a 
knowledge  of  the  proceedings  of  Congress  on  the  subject  of  the 
war  with  Mexico,  and  in  the  absence  of  the  instructions  of  the 
department  which  followed  those  proceedings,  are  justly  appre 
ciated,  and  it  is  highly  gratifying  that  so  much  has  been  done  in 
anticipation  of  the  orders  which  have  been  transmitted." 

Extract  from  a  letter  of  the  Secretary  of  the  Navy  to  the  com 
manding  officer  of  the  Pacific  squadron,  June  14,  1847. 

"At  the  commencement  of  the  war  with  Mexico,  the  United 
States  had  no  military  force  in  California  of  any  description  what 
ever,  and  the  conquest  of  that  country  was,  from  necessity,  there 
fore  devolved  exclusively  upon  the  navy."f 

Extract  from  Annual  Report  of  1848  of  the  Secretary  of  the  Navy, 
in  Ex.  Doc.  No.  1. 

"  In  the  Pacific,  our  squadron,  with  means  not  fitted  for  inland 
operations,  acting  independently  and  in  co-operation  with  a  small 

*  Proceedings  of  Court-martial,  p.  51. 
f  Proceedings  of  Court-martial,  p.  307. 


156  UNOFFICIAL   LETTER   FROM    MR.  MASON. 

portion  of  our  gallant  army,  effected  the  conquest  of  California. 
In  supplying  the  deficiency  of  his  means,  and  in  preparing  for  and 
executing  an  inland  campaign  with  the  crews  of  his  ships,  Commo 
dore  Stockton  displayed  the  highest  military  resource  and  the 
greatest  energy.  Since  his  memorable  march  from  San  Diego  to 
the  Ciudad  de  los  Angeles,  and  the  battles  of  the  8th  and  9th  of 
January,  1847,  that  country  has  been  tranquil,  our  possession  undis 
puted,  and  its  inhabitants  have  hailed  the  cession  of  California  to 
the  United  States  with  grateful  satisfaction." 

An  unofficial  letter  from  the  Secretary  of  the  Navy  to  Commodore 

R.  F.  Stockton. 
"  [UNOFFICIAL.]  WASHINGTON,  March  1,  1849. 

"  MY  DEAR  SIR  : — I  enclose  you  a  copy  of  a  general  order  an 
nouncing  to  the  navy  the  thanks  of  Congress  for  the  zeal  and 
ability  with  which  its  duty  was  performed  during  the  late  war  with 
Mexico. 

«  My  connection  with  the  .Navy  Department  for  all  exercise  of 
official  power  has  ceased,  and  I  may  gratify  my  own  personal  feel 
ings  by  renewing  to  you  in  this  note  what  I  have  said  and  intended 
to  convey  in  my  official  reports, — my  high  estimate  of  your  zeal, 
energy,  and  gallantry,  in  the  performance  of  your  duties  in  the 
great  service  which  resulted  in  the  acquisition  of  California.  Your 
energy  and  military  resource  in  supplying  your  deficiency  of  means, 
the  courage  and  skill  with  which  you  conducted  your  well-planned 
operations,  the  success  with  which  you  imparted  your  own  enthu 
siasm  to  those  whom  you  commanded,  entitle  you  to  the  highest 
praise  ;  and  the  results  of  your  brilliant  achievements  have  added 
largely  to  the  national  strength  and  to  the  national  honour. 

"  With  such  convictions  on  my  mind,  I  cannot  take  leave  of  you 
without  saying  thus  much,  and  to  express  the  hope  that  I  shall  ever 
have  the  happiness  of  cultivating  with  you  personally  the  relations 
of  friendship. 

"With  the  highest  esteem, 

"  I  am  very  truly  yours, 

«J.  Y.  MASON. 
"COMMODORE  R.  F.  STOCKTON,  U.  S.  Navy"* 

*  See  Extract  from  Cooper's  Naval  History,  in  the  Appendix ;  also  Commodore 
Stockton's  Official  Correspondence,  Appendix  A.  See  also  Proceedings  of  Court- 
martial  on  Colonel  Fremont,  and  Senator  Benton's  speech,  July,  1848,  Congressional 
Globe,  Appendix,  1848. 


COCKTON  S   ABSTINENCE   FROM    SPECULATION.  157 


CHAPTER   XII. 

COMMODOBE  STOCKTON'S  ABSTINENCE  FROM  SPECULATION  WHILE  IN  CALIFORNIA  — 
ESTABLISHES  THE  FIRST  PRINTING-PRESS  AND  THE  FIRST  FREE-SCHOOL  IN  CALI 
FORNIA — REV.  WALTER  COLTON's  LETTER DRAWS  ON  WASHINGTON  ON  HIS  OWN 

RESPONSIBILITY     FOR     FUNDS     TO     PAY    EXPENSES     OF    THE     WAR — PREPARES     FOR 

OVERLAND     JOURNEY DESCRIPTION     OF     HIS     PARTY ATTACKED     BY    INDIANS 

WOUNDED  PUNISHMENT    OF    THE     ENEMY EXTRICATES     HIS     MEN    FROM    AMBUS 
CADE BUFFALO     HUNT ARRIVES    AT    ST.    JOSEPH RECEPTION PARTING   WITH 

HIS    MEN — ARRIVES    AT    WASHINGTON. 

FROM  the  abdication  by  Commodore  Stockton  of  the  supreme 
command  to  the  period  at  which  the  war  was  closed  by  the  treaty  of 
Guadaloupe  Hidalgo,  no  further  resistance  was  offered  on  the  part 
of  the  inhabitants  of  California  to  the  authority  of  the  United 
States. 

It  is  well  known  that,  immediately  subsequent  to  this  event, 
extensive  speculations  in  lands  were  made  by  many  Americans, 
which  subsequently  proved  of  immense  value.  Commodore  Stock 
ton  saw  and  appreciated  as  well  as  others  the  certain  improvement 
in  value  of  property  in  California,  and  particularly  at  San  Francisco. 
Opportunities  were  offered  him  of  investments  in  property  there 
which  would  have  made  him,  had  he  embraced  them,  the  most  opu 
lent  man  on  the  continent.  But,  occupying  a  public  position  which 
gave  him  the  greatest  facilities  for  speculation,  he  considered  it  his 
duty  to  abstain  from  all  complicity  in  such  pecuniary  operations. 
It  was  his  ambition  rather  to  bestow  benefits  on  California  than  to 
receive  them  from  her. 

A  printing-press  having  been  procured  at  San  Francisco,  Com- 
.modore  Stockton,  from  his  own  purse,  provided  the  means  for 
establishing  a  newspaper  there,  which  he  gave  in  charge  of  the  Rev. 
Walter  Colton,  chaplain  of  the  Congress.  The  following  letter  of 
Mr.  Colton,  which  appeared  in  a  contemporary  paper,  in  relation  to 
this  subject,  is  too  interesting  to  be  omitted  here. 

"MAGISTRATE'S  OFFICE,  MONTEREY,  June  4,  1847. 

"DEAR  SIR: — The  generous  policy  which  you  have  pursued  to 
wards  this  office  makes  me  regret  that  I  have  put  you  to  the  trouble 


158         ESTABLISHES   FIRST    PRINTING-PRESS    IN    CALIFORNIA. 

to  send  the  chairs  from  the  ship,  and  am  grateful  for  them,  but  did 
not  consider  that  we  had  any  claim,  considering  how  much  you  have 
done. 

"To  you  California  is  indebted  for  her  first  press  and  her  first 
school-house.  This  may  not  be  known  generally  now,  but  it  will  if 
I  live.  It  is  something  to  conquer  a  country  ;  it  is  also  something 
to  provide  for  the  progressive  intelligence  of  its  inhabitants ;  but  it 
is  rarely  that,  as  in  the  present  instance,  the  honour  of  both  apper 
tains  to  the  same  individual. 

"  These  facts  may  seem  shaded  to  some,  but  truth  will  vindicate 
itself,  and  every  thing  will  stand  out  in  its  own  distinct,  impressive 
light. 

"I  have  taken  notes  of  all  that  has  occurred  in  California  since 
our  arrival  here.  I  commenced  with  your  repudiation  of  the  Bear 
flag,  and  have  continued  the  history  of  events  up  to  your  second 
capture  of  the  Pueblo;  and  now  I  will  state  what  no  one  knows  but 
myself, — that  the  facts  contained  in  Mr.  Speiden's  graphic  descrip 
tion  of  the  march  from  San  Diego*  and  the  battles  of  the  8th  and 
9th  are  in  my  journal  just  as  I  recorded  them  the  day  after  the 
letter  was  received.  I  mention  this  merely  to  vindicate  my  feelings 
on  the  occasion,  and  these  are  feelings  which  remain  unchanged. 
"  I  am,  dear  sir,  very  faithfully  yours, 

"WALTER    COLTON. 

"  COMMODORE  R.  F.  STOCKTON, 

"United  States  Frigate  Congress." 

Upon  the  first  organization  of  a  civil  government  in  California, 
Commodore  Stockton  ordained  that  the  proceeds  of  the  confiscation 
of  enemy's  property,  or  of  property  which  escheated  to  the  existing 
government  for  the  want  of  an  owner,  should  be  appropriated 
to  the  construction  of  school-houses  and  for  the  employment  of 
teachers  and  the  support  of  a  free  school.  The  first  school-house 
was  built  at  San  Francisco,  and  the  first  free-school  organized  and 
put  in  operation  by  the  funds  thus  appropriated  by  Stockton. 

In  the  latter  part  of  January,  Commodore  Shubrick  arrived,  and, 
soon  after,  Commodore  Biddle,  both  of  whom  being  seniors  to 
Commodore  Stockton,  superseded  him  in  command  of  the  squadron. 

In  May  the  Commodore  formed  the  determination  of  returning 
home  across  the  Rocky  Mountains.  He  was  delayed  somewhat  by 
the  detention  of  Major  Gillespie,  upon  whose  co-operation  in  making 

*  See  Appendix  D. 


PREPARES  TO  RETURN  HOME.  159 

the  necessary  preparations  for  the  overland  journey  he  had 
relied.* 

Before  leaving,  Stockton  determined  that  all  the  debts  which  he 
had  contracted  for  the  purchase  of  horses,  or  by  the  appropriation 
of  other  property  of  the  emigrants  and  settlers,  on  account  of 
government,  should  be  liquidated.  He  applied  to  Commodore  Biddle 
to  approve  his  drafts  on  the  government  for  that  purpose ;  but 
Biddle  declined  to  take  the  responsibility.  Commodore  Stockton, 
on  his  own  authority,  drew  on  the  proper  offices  at  Washington 
drafts  sufficient  in  amount  to  pay  all  those  demands  which  he  felt 
bound  in  honour  to  satisfy.  The  drafts  were  all  duly  honoured. 

Having  collected  the  required  number  of  mules  and  horses,  and 
his  men  having  made  their  saddles,  his  returning  band,  numbering 
forty-nine,  commenced  their  journey  June  20,  1847. 

His  men  were  a  heterogeneous  collection  of  all  nations  almost, 
and  professions  and  pursuits :  some  were  Canadians ;  some  Rocky 
Mountain  trappers  and  hunters  ;  some  sailors  ;  some  Spaniards ; 
some  Irishmen ;  some  French.  Many  of  them  were  men  of  the 
most  desperate  and  lawless  character,  and  noted  for  their  sanguinary 
and  ferocious  habits  and  actions.  Among  them,  however,  he  was 
so  fortunate  as  to  secure  the  services  of  three  men  as  guides,  who 
had  passed  the  greater  part  of  their  lives  as  hunters  among  the 
Rocky  Mountain  Indians,  and  were  acquainted  with  their  dialects, 
and  therefore  qualified  to  act  as  interpreters. 

Stockton  immediately  appreciated  the  necessity  of  holding  such 
men  in  the  most  rigorous  subordination.  On  the  outset  of  their 
journey,  therefore,  he  informed  them  that,  considering  the  safety 
of  the  whole  party  as  at  stake  upon  the  implicit  obedience  of  each 
one,  the  death-penalty  would  be  the  award  of  any  act  of  mutiny  or 
any  refusal  to  obey  his  orders  ;  that  the  exhibition  of  cowardice  in 
presence  of  the  enemy,  whom  they  would  be  sure  to  meet  on  their 
way,  would  likewise  be  punished  with  death ;  that  he  would  ask  no 
one  to  encounter  any  danger  which  he  was  not  himself  the  first  and 
foremost  to  brave. 

After  some  days'  progress,  they  began  to  perceive  evidence  of 
their  being  watched  and  dogged  by  Indians ;  and,  upon  his  men 
attempting  to  camp  for  the  night  among  the  bushes  and  trees,  he 
compelled  them,  very  much  against  their  inclination,  to  sleep  in  the 
open  plain,  where  the  guard  could  see  the  approach  of  an  enemy 
before  he  could  come  in  contact  with  them.  He,  however,  particu- 


*  See  Proceedings  of  Court-martial,  Gillespie's  testimony. 


160  ORDERS   RELATIVE    TO    THE    INDIANS. 

larly  cautioned  his  men  that  on  no  account  should  they  shoot  an 
Indian.  The  old  Indian-fighters  and  mountaineers  opened  their 
eyes  with  incredulous  astonishment  at  such  instructions,  and  endea 
voured  to  reason  with  the  Commodore  on  the  absolute  necessity  of 
shooting  Indians  in  order  to  prevent  being  shot  themselves  ;  but 
he  was  inflexible.  He  said  human  nature  was  the  same  among  all 
nations  and  races ;  that,  if  the  Indians  were  treated  well,  they 
would  appreciate  kindness  and  abstain  from  hostilities ;  that 
they  were  a  poor,  abused  race,  who  had  been  driven  to  outrage 
and  revenge  by  innumerable  injuries  ;  and  that  for  his  part  he 
would  not,  except  in  self-defence,  consent  to  take  an  Indian's  life. 
The  old  trappers  and  hunters  told  him  that  he  did  not  know  the 
Indians.  They  subsisted  by  plunder  and  murder,  and  nothing  but 
fear  would  restrain  them.  Those  of  the  party  most  familiar  with 
the  habits  of  the  Indians  who  roved  along  the  route  which  the  tra 
vellers  pursued,  consoled  themselves  with  the  expression  of  the  opi 
nion  that,  whatever  the  Commodore's  views  respecting  the  Indians 
might  then  be,  he  would  soon,  from  necessity,  be  compelled  to 
change  them. 

It  sometimes  happens  to  parties  taking  the  overland  route  to  or 
from  California  that  they  meet  no  Indians ;  others  meet  occa 
sionally  small  straggling  companies  of  them ;  while  others,  still, 
meet  numerous  bands,  and  are  compelled  to  fight  almost  their  whole 
journey  through. 

General  Kearney  and  his  party,  though  travelling  nearly  on  the 
line  of  Stockton's  return-route,  met  scarcely  any  Indians  ;  while, 
during  the  whole  journey  of  the  Commodore,  his  party  were  almost 
constantly  in  the  presence  of  Indians  more  or  less  numerous.  One 
of  the  oldest  among  the  Rocky  Mountain  hunters  in  the  party  said 
that,  as  often  as  he  had  travelled  the  route,  he  had  never  before 
seen  so  many  Indians  or  found  them  so  troublesome  and  dangerous. 

The  party  were  frequently  surrounded  by  bands  of  Indians  im 
mensely  superior,  and  often  placed  in  the  utmost  jeopardy.  From 
this  peril  they  were  several  times  rescued  by  the  presence  of  mind, 
courage,  and  sagacity,  of  Stockton. 

They  had  advanced  but  a  few  days'  journey  when  the  Indians 
began  to  appear,  dogging  their  progress  and  hovering  in  the 
vicinity  to  cut  off  stragglers  or  seize  upon  some  property  belonging 
to  the  party, — a  stray  horse  or  mule,  or  something  of  the  sort.  As 
the  day  wore  away,  the  Indians  were  observed  to  become  more 
numerous.  The  larger  part  of  the  company  had  preceded,  on  this 
occasion,  the  Commodore ;  and  as  he  overtook  them  near  night,  he 


NIGHT-ATTACK.  161 

found  them  encamped  by  the  side  of  a  river  in  a  valley,  instead  of 
pitching  their  tents  on  an  eminence,  as  he  generally  directed.  He 
would  have  made  them  remove  their  camp,  had  it  not  been  that  one 
of  the  men  had  been  suddenly  taken  sick  and  was  too  ill  to  be 
removed.  He  told  them,  however,  that  they  must  be  vigilant,  as 
they  would  probably  be  attacked  that  night  as  soon  as  the  moon 
rose. 

It  turned  out  as  he  had  predicted.  As  soon  as  the  moon  poured 
her  light  upon  their  camp,  a  volley  of  arrows  informed  them  of  the 
presence  of  a  pretty  large  party  of  Indians.  He  made  his  men 
shoot  over  the  heads  of  the  Indians,  and  enjoined  them  not  to  kill 
them,  saying  that  in  the  morning  he  would  endeavour  to  treat  with 
them. 

In  the  morning,  however,  as  they  were  just  sitting  down  to 
breakfast,  another  flight  of  arrows  poured  into  the  camp,  one  of 
which  struck  the  Commodore,  passing  through  the  fleshy  part  of 
one  thigh  and  nearly  through  the  other.  Immediately  as  he  was 
struck  he  broke  the  arrow  in  two  and  pulled  both  pieces  out.. 
Having  been  informed  that  these  Indians  frequently  poisoned  their 
arrows,  he  sent  for  one  of  the  old  trappers,  a  man  who  had  lived 
twenty  years  among  the  Indians  and  had  a  Crow  squaw  for  his  wife, 
and  asked  him  if  he  supposed  the  arrow  to  be  poisoned,  the  pieces  of 
which  he  showed  him.  The  old  trapper,  looking  him  fiercely  in  the 
eye,  said,  "Yes !  by  G — d !  and  you  have  not  half  an  hour  to  live  !" 
The  Commodore,  who  well  knew  that  the  only  way  to  retain  his 
command  over  his  men  was  by  the  exhibition  of  the  most  desperate 
fearlessness  and  rigour,  supposing  that  the  lawless  and  reckless  old 
fellow  wanted  to  frighten  him,  said  instantly,  "You  old  liar!  do 
you  suppose  you  can  frighten  me  ?  If  you  had  said  I  might  die 
in  a  few  days  or  a  week,  I  might  have  thought  you  believed  what 
you  said.  Begone  out  of  my  sight,  before  I  blow  out  your  brains  1" 
And  off  he  went,  as  fast  as  he  could  run. 

If  the  arrow  was  poisoned,  its  immediate  extraction  and  the  con 
sequent  flow  of  blood,   doubtless,  prevented  the  poisonous  matter 
from  being  dissolved  and  absorbed,  or  perhaps  washed  it  out.     N 
serious  injury  followed,  and  the  wound  soon  healed,  without  inter 
rupting  the  progress  of  the  party. 

But  the  wound  dissipated  the  Commodore's  sublimated  feelings 
of  forbearance  towards  the  Indians.  He  became  a  convert  to  tho 
lessons  taught  by  the  experience  of  his  hunters  and  trappers,  and 
at  once  took  steps  to  chastise  the  foe.  Being  detained  by  the  sick 
man,  he  felt  assured  that  they  would  be  attacked  the  following 

11 


162  CHASTISES   THE    SAVAGES. 

night  by  an  increased  force ;  he  determined  to  have  the  first  shot, 
and  to  inflict  such  a  punishment  on  the  enemy  as  would  be  remem 
bered  by  them. 

The  Indians,  he  had  observed,  retreated  across  the  river,  and 
would  have  to  recross  it  to  renew  their  attack.  He  discovered  the 
ford  at  which  they  passed  the  river  about  half  a  mile  from  the 
camp.  There  he  repaired  just  before  the  moon  rose,  and  placed  his 
men  in  the  bushes,  with  directions  not  to  fire  without  good  aim  and 
not  until  the  Indians  were  crossing  the  ford.  As  soon  as  the  moon 
showed  herself  over  the  hills,  the  stealthy  pace  of  the  Indians  was 
heard  along  the  shore.  They  stepped  into  the  river  in  single  file, 
and  when  about  fifty  of  them  were  half-way  over,  the  simultaneous 
crack  of  a  score  of  rifles  stopped  their  progress.  They  raised  a 
fearful  yell,  and  fled,  scattering  in  every  direction.  How  many  were 
killed  could  not  be  ascertained ;  but  this  chastisement  prevented 
their  renewing  their  attack  on  the  following  day,  and  the  travellers 
were  not  again  seriously  threatened  by  the  same  Indians. 

On  another  occasion,  having  been  without  water  for  some  time, 
and  suffering  for  the  want  of  it,  they  fell  in  with  some  Indians  who 
engaged  to  conduct  them  to  a  stream.  As  they  advanced,  the 
Indians  appeared  in  greater  numbers ;  but,  as  they  were  friendly 
and  seemed  to  be  acting  in  good  faith,  the  Commodore  intrusted 
himself  to  their  guidance,  until  his  suspicions  were  excited  by  their 
leading  him  off  the  open  plain  into  a  dense  thicket  of  underwood. 
Observing  their  movements,  he  at  last  became  satisfied  that  they  were 
leading  him  into  an  ambush. 

As  soon  as  he  was  convinced  of  this,  he  suddenly  halted ;  and, 
through  an  interpreter,  told  them  he  had  an  important  communica 
tion  to  their  chiefs  and  head-men,  and  desired  to  have  »  talk  with 
them.  The  chiefs,  to  the  number  of  fifteen  or  twenty,  soon  came 
forward.  He  made  them  sit  down,  and  then  surrounded  them  with 
his  men,  so  as  to  keep  the  crowd  of  Indians  from  pressing  upon 
them.  He  then  told  the  chiefs  that  his  party  was  a  war-party 
returning  after  a  great  fight  in  California,  where  they  had  killed 
many,  and  achieved  the  most  terrible  exploits ;  that  he  was  afraid 
the  presence  of  the  young  warriors  might  excite  their  love  of  blood, 
and  induce  them  to  kill  the  Indians ;  and  that,  therefore,  he  wished 
the  young  warriors  to  keep  away,  and  not  come  in  contact  with  the 
war-party  of  white  men ;  and,  if  the  chiefs  would  so  advise  their 
young  warriors,  he  would  give  them  plenty  of  tobacco,  and  a  horse 
upon  which  they  might  feast.  The  chiefs  readily  assented  to  the 
proposition.  But  before  making  the  presents  the  Commodore  re- 


EXTRICATES   HIMSELF   FROM   A    DANGEROUS    POSITION.         163 

quired  the  chiefs  to  conduct  him  out  on  the  open  plain.  He  then 
ordered  each  chief  to  take  a  horse,  on  which  one  of  the  party  was 
mounted,  by  the  bridle,  and  lead  him  out.  He  ordered  also  two  men 
to  keep  watch  with  their  drawn  pistols  on  each  chief,  and  to  shoot 
the  first  one  who  should  attempt  to  break  away.  Thus  marshalled, 
they  were  conducted  safely  out  of  the  dangerous  trap  into  which 
they  had  been  led,  upon  the  open  plain.  After  they  had  reached 
the  plain,  the  Commodore  selected  a  horse  for  the  feast,  and  gave  it 
to  the  outside  Indians,  who  were  now  crowding  around  him  in  num 
bers  four  or  five  times  greater  than  his  band,  and  told  them  to  take 
it  off  and  slaughter  it  for  themselves  and  the  chiefs  who  would  soon 
follow  them.  They  took  the  horse  and  soon  disappeared  with  him 
over  the  undulations  of  the  plain. 

As  soon  as  they  were  out  of  sight,  the  Commodore  ordered  the 
chiefs  to  take  hold  of  the  horses'  heads  again,  and,  giving  his  men  the 
same  charge  as  in  the  first  instance,  he  started  off  on  a  trot  in  an 
opposite  direction  to  that  in  which  the  rest  of  the  Indians  had  gone. 
It  was  now  late  in  the  afternoon.  He  kept  up  the  trot,  with  the  chiefs 
at  the  horses'  heads,  for  several  miles,  till  he  was  satisfied  that  it 
would  be  impossible  that  the  Indians  whom  they  had  left  could  over 
take  them.  He  then  dismissed  the  chiefs,  who  were  glad  to  be  relieved 
from  their  arduous  duties,  and  at  once  hastened  off  at  a  full  run  to  rejoin 
their  people  before  the  feast  was  over.  It  is  obvious  that  the  whole 
party  were  saved  from  massacre  by  the  presence  of  mind  and  sagacity 
of  their  leader.  The  fertility  of  his  mind  in  resources  to  meet  all 
difficulties,  however  novel  or  sudden,  is  indicated  by  this  incident. 

The  Commodore  acted  as  commissary  as  well  as  commander  of  the 
party,  and  throughout  the  whole  journey  kept  them  supplied  with  an 
abundance  of  game.  Though  he  had  never  before  seen  a  buffalo  on 
his  native  plains,  he  proved  himself  as  expert  in  the  chase  of  that 
formidable  animal  as  the  oldest  hunter,  if,  indeed,  he  did  not  excel 
him ;  for  several  said  they  never  had  seen  any  bolder  or  more  suc 
cessful  sportsman  in  pursuit  of  buffalo.  He  killed  forty-five  with 
his  own  hand  during  the  journey. 

Before  they  had  come  to  the  buffalo  country,  several  of  the  party, 
who  considered  themselves  hunters  of  unrivalled  merit,  frequently 
descanted  upon  the  pleasures  of  chasing  buffalo,  and  promised  the 
Commodore  to  initiate  him  in  the  science  of  the  sport.  He  admitted 
his  ignorance,  and  signified  his  willingness  to  be  taught. 

It  was  a  bright  and  cloudless  morning,  when,  on  rising  from  their 
blankets  one  day,  they  saw,  far  as  the  scope  of  vision  extended,  in 
every  direction,  the  whole  surface  of  the  earth  —  to  the  distan* 


164  BUFFALO   HUNT. 

horizon — covered  with  countless  thousands  of  buffalo.  Soon  the 
hunters  were  mounted  on  their  best  horses  and  prepared  for  the 
exciting  pursuit.  The  first  business  was  to  make  a  circuit,  and  get 
to  leeward  of  the  animals,  so  that  they  could  not  scent  the  ap 
proach  of  the  party.  Having  done  this,  they  then  proposed  dis 
mounting  and  crawling  near  enough  to  obtain  a  deadly  shot  with 
their  rifles.  The  Commodore,  however,  demurred  to  this  ignoble 
way  of  approaching  such  game.  He  ordered  them  to  dismount  and 
tighten  the  girths  of  their  saddles,  and  then  told  them  that  he  might 
be  depended  upon  for  two  buffalo  cows,  and  charged  each  of  the 
party  to  secure  at  least  one.  Then,  putting  spurs  to  his  horse,  (the 
same  which  he  rode  through  the  whole  of  his  California  campaign.) 
he  charged  the  herd  at  full  gallop. 

The  chase  of  the  buffalo  pursued  in  this  way  is,  perhaps,  the 
most  exciting  and  dangerous  of  all  field-sports,  not,  perhaps,  ex 
cepting  that  of  lions  or  tigers  in  India  and  Africa.  The  horse 
rushes  into  the  drove,  and  soon  partakes  of  the  alarm  and  terror 
with  which  he  inspires  the  buffalo.  A  cloud  of  dust  rises,  obscuring 
all  objects  except  those  close  at  hand.  The  buffalo  bulls  roar  ;  the 
earth  trembles  sensibly  beneath  the  hoofs  of  the  multitudinous  ani 
mals  as  they  rush  headlong  onwards.  The  rider's  whole  strength 
is  required  to  hold  and  guide  his  horse  and  keep  the  saddle, — stand 
ing  erect  in  his  stirrups, — the  horse  springing  from  one  side  to  the 
other  to  avoid  contact  with  the  buffalo,  and,  snorting  and  plunging, 
requires  a  skilful  and  powerful  hand  to  direct  him.  Thus,  bounding 
on,  the  hunter  singles  out  the  animal  which  he  prefers,  and  rides 
with  it  side-by-side  till  a  favourable  opportunity  occurs  for  a  suc 
cessful  shot.  As  soon  as  this  is  had,  his  next  effort  is  to  extricate 
himself  from  the  herd.  This  he  does  by  gradually  dropping  in  the 
rear,  and,  when  a  favourable  opening  is  observed  through  the  drove 
to  the  right  or  left,  guiding  his  horse  out  of  the  line  of  direction  in 
which  the  buffalo  are  travelling.  But,  should  the  hunter  unfortu 
nately  be  thrown  from  his  horse,  the  danger  is  imminent  that  the 
buffalo  will  trample  him  down. 

The  hunt  which  we  have  described  was  the  first  buffalo  hunt  in 
which  the  Commodore  engaged.  He  soon  killed  his  two  cows,  and, 
after  getting  out  of  the  drove,  ascended  a  hill  and  blew  his  horn. 
But  it  was  long  before  any  of  the  party  were  visible.  After  a 
while  they  all  came  in,  and  all  claimed  to  have  shot  a  buffalo ;  but 
no  buffalo  could  be  found  but  the  two  killed  by  the  Commodore 
with  his  pistols.  The  old  hunters  told  him  that  it  was  not  neces 
sary  for  them  to  give  him  any  more  instructions. 


ADVENTURE   WITH   A   BUEFALO    BULL.  165 

The  buffalo  are  not  generally  dangerous,  unless  the  hunter  falls 
or  loses  his  horse  in  the  drove,  or  unless,  when  wounded,  the  beast 
stands  at  bay.  In  the  latter  case  the  animal  becomes  furious  and 
rushes  on  his  enemy.  Then  wo  to  the  daring  hunter  whose  rifle  is 
unloaded  or  whose  horse  fails  him  !  He  is  tossed  on  the  horns  of 
his  foe  and  trampled  to  death. 

On  one  occasion  the  Commodore  had  singled  out  a  powerful  bull 
which  he  had  determined  to  kill,  if  possible,  for  the  sake  of  his 
hide.  He  had  discharged  his  rifle  at  him  without  fatal  effect.  The 
bull  took  refuge  in  a  grove  or  thicket,  and  the  Commodore  dashed 
into  the  grove  close  upon  his  heels.  But  suddenly,  as  soon  as  he 
entered  the  grove,  the  buffalo  wheeled  and  stood  at  bay,  with  his 
tail  coiled  over  his  back,  pawing  the  ground,  bellowing,  and  his 
eyes  like  balls  of  fire,  his  head  lowered,  prepared  to  rush  forward 
upon  his  enemy.  The  horse  directly,  as  he  saw  the  buffalo,  sprang 
aside.  The  Commodore  remembered  to  have  heard  the  hunters  say 
that  it  was  vain  to  shoot  at  a  buffalo  bull's  forehead,  as  the  ball 
could  not  penetrate  his  skull.  But  he  determined  to  make  the  ex 
periment,  and,  levelling  his  pistol,  fired.  The  horse  bounded  past 
the  buffalo,  and,  as  the  Commodore  reined  him  up  to  return  and  see 
the  result  of  his  experiment,  he  felt  his  face  wet,  and,  wiping  it 
with  his  hand,  found  the  moisture  to  be  blood.  At  first  he  thought 
the  ball  had  rebounded  and  wounded  him ;  but  after  a  while  he  dis 
covered  that,  in  shooting,  his  ball  had  passed  through  the  ear  of  his 
horse,  who,  tossing  and  shaking  his  head,  flung  the  blood  in  the 
Commodore's  face.  On  coming  up  to  the  buffalo,  he  was  found 
dead,  the  ball  having  entered  his  forehead,  killing  him  instantly. 
Many  other  anecdotes  are  related  by  the  companions  of  the  Com 
modore  on  this  expedition,  illustrating  his  boldness  as  a  hunter  and 
the  keen  relish  with  which  he  enjoyed  the  sport  of  pursuing  buffalo. 

They  say  that  he  was  often  heard  to  remark  that  he  never  knew 
what  was  the  true  luxury  of  a  repast  until  he  sat  by  his  camp-fire, 
after  a  hard  day's  ride,  gnawing  the  rib  of  a  buffalo. 

So  captivated  was  he  with  the  bold  and  romantic  adventures 
afforded  by  this  trip  across  the  Rocky  Mountains,  that  he  was  often 
heard'to  say,  after  his  arrival  at  St.  Joseph's,  that,  if  he  had  no  ties 
or  duties  to  draw  him  homeward,  nothing  would  afford  him  greater 
satisfaction  than  to  turn  back  and  make  the  trip  over  again. 

The  whole  party  arrived  in  safety,  early  in  November,  at  St. 
Joseph's,  having  performed  the  journey  in  a  little  more  than  four 
months. 

The  people  of  St.  Joseph's  came  across  the  river  in  crowds  to 


166  TAKES  LEAVE  OF  HIS  BAND. 

greet  the  Commodore.  He  was  invited  to  a  public  dinner  by  the 
authorities  of  the  place,  which  being  compelled  to  decline,  a  public 
reception  was  given  him  and  a  complimentary  address  made  to 
him. 

Here  he  was  obliged  to  take  leave  of  the  greater  part  of  his  band. 
Their  parting  showed  with  how  strong  and  sincere  an  attachment 
he  had  inspired  the  rough  and  unsophisticated  hearts  of  his  men. 
Tears  coursed  down  the  weather-worn  cheeks  of  the  bold  and  hardy 
mountaineers,  when  they  took  the  last  friendly  grip  of  the  Commo 
dore's  hand.  They  implored  him,  if  he  ever  made  another  overland 
journey  to  or  from  California,  to  send  for  them  ;  and,  no  matter 
where  they  might  be  or  how  engaged,  they  would  come  at  his  bid 
ding.  Lawless,  reckless,  desperate,  wicked,  and  callous,  as  many 
of  them  were,  Stockton  had  found  the  tender  spot  in  each  man's 
heart  and  made  a  lodgment  there. 

But  their  case  was  not  singular.  "Whether  on  sea  or  shore,  few 
men  were  ever  commanded  by  Commodore  Stockton  who  did  not 
become  enthusiastically  devoted  to  him.  Yet  no  commander  ever 
exacted  more  complete  submission  to  his  authority. 

The  Commodore  on  his  way  east  through  St.  Louis,  Louisville, 
Cincinnati,  and  other  cities  of  the  Great  Valley,  was  urgently  in 
vited  to  remain  long  enough  to  receive  some  demonstrations  of 
municipal  hospitality  in  those  cities.  But  the  necessity  for  his 
rapid  movement,  in  order  to  be  present  and  testify  at  the  court- 
martial  then  sitting  at  Washington,  prevented  his  acceding  to  any 
of  these  friendly  overtures.  He  proceeded  with  all  the  despatch 
of  which  steamboats  and  railroads  would  admit,  and  arrived  at 
Washington  about  the  1st  of  December,  1847. 

His  testimony  on  the  trial  of  Fremont  was  sustained  and  corrobo 
rated  generally,  and  in  every  particular,  by  every  witness  called  on 
that  trial.  By  the  publication  of  the  proceedings  of  that  trial,  the 
false  statements*  in  relation  to  the  California  campaigns,  which  had 
appeared  in  the  papers  and  in  various  other  quarters,  (the  authors 
of  which  were  screened  from  exposure  by  the  court-martial  which 
so  unjustly  convicted  Colonel  Fremont  of  insubordination,)  were 
entirely  exploded  and  discredited.f  The  chief  merit  of  the  con- 

*  Proceedings  of  Court-martial,  pp.  129-133. 

|  See  the  speech  of  Senator  Benton,  (in  Appendix  to  Congressional  Globe,  1848,)  on 
the  brevet-nomination  of  General  Kearney.  Of  all  the  senatorial  efforts  of  this  dis 
tinguished  statesman,  none  equal  this  speech.  Indeed,  for  severe  analysis,  keen 
logic,  powerful  argument,  and  commanding  eloquence,  there  is  no  specimen  of 
forensic  or  parliamentary  eloquence  in  the  English  language  \vhich  surpasses  it. 


ADVANTAGES    OF   THE   ACQUISITION   OF   CALIFORNIA.  167 

quest  of  California  is  now  universally  conceded  to  belong  to  Stock 
ton.  History  will  forever  bear  record  that  its  acquisition  by  the 
United  States  was  the  result  of  his  masterly  proceedings. 

Had  California  been  wrested  from  us  after  the  American  flag  had 
been  first  raised  there  by  Commodore  Sloat, — as  she  would  have 
been  but  for  Stockton, — Mexico  would  hardly  have  been  willing  to 
relinquish  her  at  the  Treaty  of  Guadaloupe  Hidalgo.  A  treaty  might 
have  been  made  without  the  cession  of  California;  or,  if  our  Govern 
ment  would  not  have  made  peace  without  such  a  cession,  the  war 
might  have  been  prolonged  till  the  discovery  of  the  gold-placers, 
when  Mexico  would  have  sold  California  to  Great  Britain  rather 
than  have  ceded  her  to  the  United  States.  The  quiet  and  undis 
turbed  possession  of  California  which  Stockton  acquired  and 
secured  for  the  United  States,  until  negotiations  for  peace  com 
menced,  must  have  afforded  a  powerful  motive  for  our  negotiators 
to  demand  the  cession,  while  it  gave  to  Mexico  an  excuse  for  the 
surrender  of  that  valuable  country. 

It  is  hardly  within  the  scope  of  our  object  to  enlarge  upon  the 
value  and  importance  of  the  acquisition  of  California  to  the  United 
States.  But  we  cannot  forbear  expressing  the  opinion  that,  in  the 
history  of  this  republic,  it  will  be  considered  secondary  only  to  the 
acquisition  of  Louisiana  in  its  influence  upon  the  prosperity,  gran 
deur,  and  power  of  the  republic.  It  will  probably  accelerate,  by  at 
least  a  quarter  of  a  century,  the  period  when  the  United  States  will 
become,  in  all  the  elements  of  national  greatness,  the  commanding 
power  of  the  globe.  It  must  hasten  the  day  when  all  of  North 
America  will  be  covered  by  that  conquering  race  of  Anglo-Saxon 
origin,  in  conflict  with  which  every  other  race  is  compelled  to  suc 
cumb.  It  is  a  little  remarkable  that  the  national  gratitude  has 
never  been  excited  even  to  the  just  recognition  of  the  services  of 
the  Conqueror  of  such  an  invaluable  addition  to  the  territory  of  the 
United  States. 

There  is  hardly  a  county  or  a  village  in  the  United  States  whose 
citizens  have  not  gone  forth  to  the  new  El  Dorado  on  the  Pacific, 
and  returned  laden  with  its  treasures.  There  is  not  a  city  on  the 
coast,  nor  in  the  interior,  whose  commerce  has  not  felt  the  stimulus 
afforded  by  the  trade  of  California.  There  has  not  been  a  year 

Mr.  Benton  traces  home  to  their  origin  all  the  base  attempts  to  detract  from  tho 
merit  of  Commodore  Stockton's  proceedings  in  California.  He  literally  overwhelms, 
with  demonstration  on  demonstration  in  his  favour,  every  question  which  has  ever 
been  raised  in  relation  to  his  California  services.  His  speech  on  this  occasion  is  an. 
unanswerable  and  triumphant  vindication  of  the  truth  of  history. 


168  VALUE    OF    CALIFORNIA. 

since  1850  in  which  California  gold  has  not  protected  the  country 
from  the  most  wide-spread  and  calamitous  revulsion.  But,  notwith 
standing  all  these  results  of  the  acquisition  of  California,  there  is 
hardly  one  citizen  in  a  hundred  who  has  that  knowledge  of  the  con 
quest  of  California  which  would  enable  him  to  do  justice  to  Stockton 
and  his  sailors. 

We  have  endeavoured  to  supply  that  deficiency  of  information 
which  prevails  in  relation  to  this  subject.  We  have  done  so  from  the 
most  authentic  sources;  and,  the  more  completely  and  thoroughly 
investigation  may  be  prosecuted  into  those  sources,  the  more  will 
the  correctness  and  truth  of  this  narrative  be  vindicated. 


RECEPTION   OF   STOCKTON   BY   HIS   FRIENDS.  169 


CHAPTER  XIII. 

RECEPTION    OF    COMMODORE    STOCKTON    BY   HIS    FRIENDS COMPLIMENTARY    DINNER    AT 

PHILADELPHIA — RECEPTION    BY    THE    LEGISLATURE    OF    NEW    JERSEY — RESIGNATION 
OF     COMMISSION — STATE     OF    PARTIES     IN     THE     UNITED     STATES — LETTER     TO     MR. 

WEBSTER    ON    SLAVERY DECLINES    AN    ELECTION    TO    THE    SENATE    OF    THE     UNITED 

STATES — HIS    ELECTION. 

THE  reception  of  Commodore  Stockton  by  his  friends  in  New 
Jersey  was  cordial,  and  manifested  by  various  demonstrations.  The 
fame  of  his  exploits  had  preceded  him,  and  excited  the  utmost 
curiosity  for  an  account  of  the  particulars  of  his  extraordinary 
career  in  California. 

The  people  of  his  native  village,  Princeton,  assembled  in  public 
meeting  and  adopted  a  series  of  resolutions  expressive  of  their  ad 
miration  of  his  patriotic  services,  awarding  him  the  tribute  of  their 
thanks  for  the  honour  which  his  achievements  reflected  on  his  native 
State.  His  friends,  from  various  parts  of  the  State,  crowded  round 
him  to  express  their  gratification  at  his  safe  return  and  welcome 
him  home. 

Soon  after  his  arrival  at  Philadelphia  a  public  meeting  was  called, 
and  the  Commodore  was  invited  to  a  banquet  given  in  testimony  of  , 
the  estimation  in  which  his  services  were  held  by  his  fellow-citizens. 
The  call  was  subscribed  by  the  principal  merchants  and  professional 
gentlemen  of  the  city. 

We  insert  from  the  North  American  Gazette  a  full  report  of  the 
proceedings  of  this  festival,  which  took  place  December  31, 1847 : — 

From  the  North  American  Gazette. 

Some  six  or  seven  hundred  gentlemen  assembled  yesterday  evening 
at  the  Musical  Fund  Hall  around  a  board  occupying  the  whole  of 
that  large  saloon  and  furnished  with  all  the  luxuriousness,  elegance, 
and  taste  for  which  Messrs.  Bagley,  McKenzie  &  Co.  of  the  Colum 
bia  House  have  made  themselves  so  celebrated.  We  have  never 
seen  so  large  a  company  seated  in  such  admirable  order  and  with 
so  little  confusion  and  noise. 

The  organization  took  place  by  the  appointment  of  Hon.  John 


170  COMPLIMENTARY   DINNER   AT    PHILADELPHIA. 

Swift  as  chairman,  assisted  by  Vice-Presidents  Henry  D.  Gilpin, 
Josiah  Randall,  John  M.  Read,  Henry  L.  Benner,  Mayor  Belster- 
ling,  and  William  G.  Alexander.  Among  the  distinguished  gen 
tlemen  present  as  guests,  we  noticed  Senators  Downs,  of  Louisiana, 
Hon.  D.  D.  Thurston,  of  Rhode  Island,  Hon.  R.  J.  Thomas,  of  Ten 
nessee,  Hon.  Mr.  Morse  and  Hon.  Mr.  Gibson,  of  Louisiana,  Judges 
Burnside  and  Bell,  Y.  S.  Macauley,  United  States  Consul  to  Tripoli, 
Hon.  L.  C.  Levin,  Hon.  M.  Hampton,  Hon.  L.  B.  Chase,  &c.  &c. 

After  due  honour  had  been  done  to  the  good  things  so  bountifully 
provided,  the  chairman  rose  and  announced  the  regular  toasts,  as 
follows : — 

1.  The  President  of  the  United  States. 

2.  The  Vice-President  of  the  United  States. 

3.  The  Governor  of  the  State  of  Pennsylvania. 

4.  Our  country — may  she  ever  be  right !  but,  right  or  wrong, 
our  country. 

The  chairman  then  said — "Fellow-citizens,  preparatory  to  offering 
you  the  next  toast  in  succession,  I  will  take  leave  to  address  a  few 
remarks  to  this  assemblage,  and  I  know  in  no  better  way  how  to 
begin  than  in  referring  to  the  antecedent  toast — 'Our  country, 
right  or  wrong.'  (Great  applause.)  We  are  involved  in  a  foreign 
war.  There  are  differences  of  opinion  among  us  in  relation  to 
the  causes  of  the  war  ;  but  God  forbid  that  there  should  be  any 
difference  as  to  the  mode  in  which  the  war  should  be  carried  on. 
(Great  applause.)  There  is  a  great  consolation  growing  out  of  the 
prospect  for  this  country — growing  out  of  the  war, — the  moral  effect 
that  will  be  produced  by  our  many  victories,  not  over  unfortunate, 
miserable  Mexico,  but  the  whole  world,  (applause,)  from  the  Auto 
crat  of  all  the  Russias  to  the  lowest  duke  on  the  Rhine.  They  will 
hereafter  ponder  well  all  matters  that  might  have  any  tendency  to 
open  controversy  with  the  United  States.  (Loud  applause.)  We 
have  shown  that  we  are  a  nation  prepared  not  only  to  meet,  but  to 
conquer,  every  foe.  They  will  hereafter  look,  as  they  look  now,  at 
Palo  Alto  ;  at  Resaca  de  la  Palma ;  at  Matamoras ;  at  Monterey ; 
at  Buena  Vista  !  (Tremendous  applause.)  Then  they  will  look  at 
Vera  Cruz,  at  Cerro  Gordo,  at  Puebla,  at  Churubusco,  at  Chapul- 
tepec,  and  at  Mexico  itself.  (Renewed  applause.)  And  then  they 
will  go  to  the  Pacific.  (Tremendous  cheering.)  They  will  find 
recorded  upon  the  pages  of  history,  at  the  first-mentioned  places, 
the  names  of  Taylor  and  of  Worth.  And  then,  as  they  go  towards 
Vera  Cruz,  they  find  a  Scott,  a  Shields,  a  Quitman,  a  Smith,  a  Cad- 
wallader,  and  other  worthies  that  I  cannot  now  take  time  to  enumerate. 


COMPLIMENTARY   DINNER   AT    PHILADELPHIA.  171 

Next  they  will  go  to  California,  and  at  Los  Angeles  they  will  find  a 
Stockton  !     (Enthusiastic  and  long-continued  cheering.) 

"  AVere  it  now  my  task  to  eulogize  the  memory  of  some  distin 
guished  man,  I  might  narrate  his  bright  achievements — I  might- 
dwell  upon  the  story  of  his  fair  renown — I  might  enter  into  details 
and  refresh  the  recollections  of  those  who  were  his  compatriots,  and 
the  narrative  of  his  deeds  and  his  prowess — I  might  enchain  the  atten 
tion  of  ingenuous  youth  by  relating  those  deeds  of  chivalry  and 
prowess,  holding  up  to  them  the  example  as  a  fit  model  of  their 
imitation.  But  I  am  now  speaking  of  one  who,  thank  God,  is  now 
in  the  midst  of  us,  blessed  with  health  and  strength.  I  have  known 
him  for  my  whole  life,  and  could  readily  narrate  instances  of  his 
prowess,  his  chivalry,  and  his  valour,  but  I  will  not.  I  cannot 
offend  the  modest  ears  of  one  so  good  and  brave.  (Great  cheering.) 
His  reputation  and  character  and  deeds  belong  to  his  country.  His 
tory  will  record  them,  and  posterity  will  recognise  in  him  the 
genuine  American  patriot.  They  will  bless  God  that  theirs  is  the 
privilege  and  the  honour  of  owning  the  same  land  that  gave  him 
birth  as  the  place  of  their  nativity.  (Great  cheering.) 

«  Mr.  Vice-President,  I  give  you  <  COMMODORE  R.  F.  STOCKTON, 
as  distinguished  for  his  civil  acquirements  as  he  is  for  his  military 
renown  ;  equally  at  home,  whether  on  land  or  sea,  when  called  upon 
to  meet  the  enemies  of  his  country,  the  soldier  and  the  sailor ;  a 
man  who  never  turned  his  back  on  friend  or  foe.'  ' 

This  toast  was  received  with  indescribable  enthusiasm.  The 
whole  of  the  vast  assemblage  started  simultaneously  to  their  feet 
and  burst  into  deafening  and  long-continued  cheering. 

When  the  applause  had  at  last  subsided,  Commodore  Stockton 
rose  to  make  his  acknowledgments.  He  was  greeted  with  long- 
continued  applause.  He  said, — 

«  GENTLEMEN — FRIENDS  : — How  can  I  have  deserved,  how  can  I 
return,  such  kindness  ?  How  can  I  suitably  express  my  sense  of 
the  honour  which  has  this  day  been  conferred  upon  me  ?  In  what 
fitting  phrase  or  figure  of  speech  shall  I  give  Expression  to  the  feel 
ings  with  which  I  am  now  oppressed  ?  Words  seem  so  feeble  when 
summoned  to  express  the  emotions  of  the  human  heart  excited  by 
a  deep  sense  of  gratitude,  that  I  can  hardly  make  the  effort  to  con 
vey  to  you  my  sense  of  the  kindness  of  this  reception.  (Renewed 
applause.) 

"Returning,  after  a  lengthened  absence  from  this  country,  I 
might,  perhaps,  without  presumption,  have  expected  that  my  per 
sonal  friends,  to  whom  I  was  best  known,  would  appreciate  my  poor, 


172  COMPLIMENTARY    DINNER    AT    PHILADELPHIA. 

but  at  all  events  well-intentioned,  efforts  in  the  cause  of  my  coun 
try  ;  and  that  here  and  there  I  might  have  met  a  friendly  greeting, 
with  instances  of  personal  friendship  and  hospitality.  But  when  I 
look  around  me  now, — when  I  see  the  old  and  the  young,  the  citizen 
and  the  soldier,  the  patriot  and  the  scholar,  assembled  here  to  do 
me  honour, — my  heart  fairly  sinks  within  me,  under  the  conscious 
ness  that  this  reception  as  far  transcends  any  merit  of  mine  as  it 
is  wholly  unexpected.  I  am  left,  indeed,  without  any  thing  to  say 
in  this  wide  world  save  the  altogether-inadequate  and  common 
place  expression  that  I  return  to  you  my  most  cordial,  my  most 
sincere,  thanks.  (Enthusiastic  applause.) 

"  Attributing,  as  I  will,  your  congratulations  to-day  to  the  general 
result  of  things  in  California,  without  reference  to  the  causes  or 
agents  by  which  it  was  produced,  and  applying  to  myself  but  a 
small  portion  of  your  approbation,  I  may  be  permitted  to  mingle, 
without  stint,  my  congratulations  with  yours  that  California  is  now 
under  the  protection  of  the  United  States.  (Great  cheering.)  Cali 
fornia  is,  in  my  judgment,  a  valuable  country.  Her  agricultural,  her 
horticultural,  her  mineral  resources  are  abundant.  She  has  beautiful 
skies  and  verdant  fields  ;  her  population  consists  of  a  fine-looking 
race  of  men  and  women ;  they  are  kind,  hospitable,  and  valiant. 

"Annexation — nay,  acquisition — is  not  a  necessary  consequence 
of  conquest,  and,  therefore,  it  is  not  on  that  account  that  I  would 
offer  my  congratulations  here  to-day.  Oh,  no  ! 

« I  care  not  for  the  beautiful  fields  and  healthful  skies  of  Cali 
fornia  ;  I  care  not  for  her  leagues  of  land  and  her  mines  of  silver. 
The  glory  of  the  achievements  there,  if  any  glory  there  be,  is  in  the 
establishment  of  the  first  free  press  in  California ;  (tremendous  ap 
plause  ;)  in  having  built  the  first  school-house  in  California  ;  (renewed 
applause ;)  in  having  lighted  up  the  torch  of  religious  toleration,  as 
well  as  of  civil  liberty,  in  California.  (Tremendous  applause.)  May 
the  torch  grow  brighter  and  brighter,  until,  from  Cape  Mendocino 
to  Cape  St.  Lucas,  it  illumines  the  dark  path  of  the  victim  of  reli 
gious  intolerance  and  political  despotism  !  (Thunders  of  applause.) 

"The  inhabitants  of  California  number,  I  believe,  about  twelve  or 
fifteen  thousand.  A  large  portion  of  them,  if  not  all  of  them,  pre 
fer  the  institutions  of  the  United  States ;  and  it  is  much  to  be 
hoped — may  I  not  say  fervently,  devoutly  to  be  prayed  for  ? — that 
they  shall  in  some  way  or  other  be  secured  in  the  permanent  enjoy 
ment  of  civil  and  religious  liberty,  (great  applause,)  and  that  our 
friends  there  may  not  pay  the  dreadful  penalty  the  Mexican  always 
demands, — his  life  for  his  fidelity  to  us !  (Great  applause.)  Well, 


COMPLIMENTARY    DINNER    AT    PHILADELPHIA.  173 

however  this  may  turn  out,  if  it  should  be  otherwise,  if  these 
pleasing  anticipations  should  not  be  realized,  other  hands  must 
muzzle  the  free  press ;  other  hands  must  tear  down  the  school- 
houses  ;  other  hands  must  put  out  the  light  of  liberty  !  (Great 
cheers.)  For  me  and  mine,  before  God,  we'll  take  no  part  in  such 
a  business  !  (Enthusiastic  applause.) 

"  California  has  within  herself  the  elements  of  wealth  and  power ; 
and  when  art  and  science  and  religion,  when  all  the  genial  influ 
ences  of  civilization,  which  in  our  day  is  advancing  with  such  mar 
vellous  rapidity,  are  brought  to  bear  upon  her,  may  we  not  rea 
sonably  assert  that  the  years  will  be  but  few  before  we  behold  her 
standing  erect  in  the  attitude  of  a  free  and  independent  nation  ? 
(Great  applause.) 

"  The  investigations  going  on  at  Washington  will  prevent  me,  or 
rather  will  not  permit  me,  with  propriety,  to  say  much  in  relation 
to  the  military  operations  in  California.  I  cannot  in  these  circum 
stances  say  all  that  I  might  otherwise  feel  disposed  to  offer.  I  shall 
say  very  little,  therefore,  of  myself.  But  it  is  known  to  you  all  that 
— whether  from  bad  motives  or  from  good  motives,  whether  intention 
ally  or  unintentionally,  the  truth  is  known — a  shadow  was  thrown 
across  my  path,  which,  for  a  season,  so  obscured  my  conduct  as  to 
make  some  of  my  fellow-citizens  hesitate  in  their  judgment  with 
regard  to  my  conduct  in  California.  I  state  the  fact  not  by  way  of 
complaint ;  I  never  have  complained ;  I  will  not  complain ;  I  do 
not  complain.  Conscious  of  having  exerted  my  humble  abilities  to 
the  best  of  my  power  in  the  cause  of  my  country,  and  choosing 
rather  to  be  regarded  as  a  fool  than  a  knave,  I  shall  rely  upon 
faithful  history  for  my  vindication,  if  vindication  be  necessary. 
(Long-continued  cheering.) 

"I  have  alluded  to  these  matters  only  to  excuse  the  little  that  I 
deem  it  necessary  to  say  on  account  of  myself.  I  was  Commander 
of  the  squadron  in  the  Pacific  Ocean  as  well  as  Commander-in- 
chief  of  the  land-forces  from  the  time  Commodore  Sloat  left  until 
a  superior  officer  arrived. 

« I  was  Governor  of  the  Territory  as  well  as  Commander-in- 
chief  from  the  time  of  the  conquest  until  I  gave  the  supreme  au 
thority  into  other  hands.  We  were  at  a  great  distance  from  home ; 
we  were  out  of  the  reach  of  instructions  from  the  Navy  Depart 
ment  ;  our  resources  were  limited  ;  we  had  no  navy-yards  nor  arse 
nals  to  which  to  resort ;  we  were  obliged  to  mount  our  own  guns, 
to  make  our  own  harness,  to  supply  ourselves  with  other  necessaries 
in  the  best  manner  we  could.  In  the  midst  of  these  embarrassing 


174  COMPLIMENTARY   DINNER   AT    PHILADELPHIA. 

circumstances  we  thought  that,  as  sailors,  we  had  done  very  well. 
(Laughter  and  enthusiastic  cheering.)  But  we  urge  no  claim  to 
any  thing  due  to  us  save  the  acknowledgment  that  we  unsparingly 
devoted  our  faculties,  all  our  energies,  to  the  service  of  our  coun 
try.  (Great  applause.) 

"  Having  said  thus  much,  what  seemed  to  me  to  be  proper  for 
me  to  say  in  regard  to  California,  permit  me  now  to  say  a  word  or 
two  in  reference  to  the  present  position  of  the  United  States  and 
Mexico. 

"No  thoughtful  observer  of  the  progress  of  the  United  States 
can  fail  to  be  impressed  with  the  conviction  that  we  enjoy  a  degree 
of  happiness  and  prosperity  never  heretofore  vouchsafed  to  the 
nations  of  mankind.  With  an  unexampled  measure  of  political 
liberty,  unbroken  social  order,  extraordinary  growth  of  the  arts  and 
sciences,  philanthropic  and  benevolent  institutions — the  fair  offspring 
of  the  Christian  faith,  extending  their  blessed  agency  in  all  direc 
tions, — unbounded  religious  toleration,  heaven's  best  gift,  for  which 
our  fathers  risked  and  suffered  most, — with  all  these  rich  endow 
ments,  do  we  not,  indeed,  present  an  example  of  the  beneficent  care 
of  Providence  for  which  we  can  find  no  parallel  in  the  history  of 
man  ?  And  now,  when  engaged  in  war,  we  find  ourselves  followed 
by  the  same  blessed  influences.  Wherever  our  soldiers  have  carried 
our  arms  victory  has  awaited  them.  We  see  them  rushing  against  walls 
bristling  with  bayonets  and  artillery  and  lined  with  legions  of  armed 
men ;  we  see  our  youthful  heroes  precipitating  themselves  from 
parapet  to  parapet,  and  charging  from  bastion  to  bastion ;  we  hear 
the  crash  of  grape  and  canister,  and,  amid  the  smoke  and  thunder 
of  the  battle,  we  behold  the  flag  of  our  country  waving — (the  re 
mainder  of  the  sentence  was  lost  in  the  tremendous  cheering  which 
here  burst  forth  from  the  assemblage.)  We  behold  the  flag  of  civil 
and  religious  freedom  waving  over  what  had  been  regarded  as  im 
pregnable  fortresses,  and  the  remains  of  armies  fleeing  to  the  moun 
tains. 

"  Gentlemen,  how  has  all  this  been  accomplished  ?  Whence  those 
achievements?  I  speak  to  intellectual  men.  All  in  the  hearing 
of  my  voice  entertain,  I  doubt  not,  a  just  and  abiding  sense  of  their 
deep  responsibility  not  only  on  this  earth,  but  in  time  hereafter.  I 
ask  you,  then,  how  has  all  this  happened  ?  Is  it  to  be  attributed 
exclusively  to  the  wisdom  of  our  cabinet  and  the  prowess  of  our 
armies?  These  are  all  well,  admirably  well.  But  our  successes 
have  overleaped  the  bounds  of  all  human  calculation  and  the  most 
sanguine  hope.  Therefore  we  must  look  beyond  all  this  for  the 


COMPLIMENTARY    DINNER   AT    PHILADELPHIA.  175 

secret  of  our  successes  and  the  source  of  our  remarkable  prosperity. 
It  is  because  the  spirit  of  our  pilgrim  fathers  is  with  us ;  it  is  be 
cause  the  God  of  armies  and  the  Lord  of  hosts  is  with  us.  (Tre 
mendous  applause.)  And  how  is  it  with  poor,  unfortunate,  wretched 
Mexico  ?  Ever  since  the  days  of  the  last  of  the  Montezumas,  intes 
tine  broils  have  disturbed  her  peace.  Her  whole  territory  has  been 
drenched  with  the  blood  of  her  own  children.  Within  the  last 
quarter  of  a  century,  revolution  has  succeeded  revolution.  Now, 
in  the  encounter  with  us  she  has  been  beaten  in  every  field.  She 
has  been  driven  from  fortress  to  fortress,  from  town  to  town,  until 
the  scattered  remnants  of  her  broken  armies  are  fleeing  to  the 
mountains  and  calling  upon  the  rocks  to  hide  them.  (Applause.) 
Is  it  not,  therefore,  in  this  disposition  of  public  aifairs,  proper  to 
rise  superior  to  the  considerations  of  party  influences,  and  in  the 
true  philosophical  spirit  and  patriotic  fidelity  take  an  honest  view 
of  our  condition  in  the  sight  of  God  and  beneath  the  scrutiny  of 
the  Christian  and  civilized  world? 

«  What  you  may  think  of  it,  I  know  not,  and,  you  must  permit 
me  to  add,  I  care  not ;  but  for  myself  I  speak  to  you  not  as  a  party 
man.  Remember,  gentlemen,  that  I  go  for  rny  country.  I  cannot 
be  bound  ;  I  cannot  be  kept  within  the  restraints  of  party  discipline 
when  my  country  calls  me  forth.  (Tremendous  cheering,  which 
lasted  several  minutes.)  I  go  for  my  country,  my  whole  country, 
and  nothing  but  my  country.  I  desire  to  address  you  now  in  the 
spirit  of  the  father  of  a  large  family,  desirous  to  transmit  to  his 
latest  posterity  the  blessings  of  civil  and  religious  liberty.  I  speak 
to  you  as  a  Christian  man — as  a  son,  perhaps  an  unworthy  son,  of 
this  great  republic,  but  one  whose  heart  burns  with  an  ardent  desire 
to  transmit  not  only  to  his  own  immediate  descendants  the  blessings 
of  which  I  speak,  but  to  extend  them  to  our  neighbours  on  this  con 
tinent.  (Great  applause.) 

"But  do  not  mistake  me  ;  do  not  misunderstand  me.  I  am  no 
propagandist,  in  the  common  acceptation  of  the  term.  In  my  judg 
ment,  principles  depend  much  upon  relations  and  circumstances, 
and  that  which  in  the  abstract  may  be  well  enough  often  wastes 
itself  in  fanaticism.  All  things  must  bide  their  time. 

« I  have  no  respect  for  the  man  or  set  of  men  who  will  recklessly 
disturb  the  social  order  of  any  community  and  produce  civil  war 
for  the  purpose  of  hastening  such  a  result,  no  matter  how  beneficial 
in  the  abstract  it  may  seem  to  be.  (Cheers.)  And  I  am  bound  to 
say  further,  that  I  have  quite  as  little  respect  for  the  man  or  set 
of  men  who  have,  in  the  providence  of  God,  been  placed  in  sta- 


176  COMPLIMENTARY   DINNER   AT   PHILADELPHIA. 

tions,  when  the  great  questions  of  civil  and  religious  liberty  are  to 
be  determined,  who  will  shrink  from  the  responsibilities  of  that 
station.  (Cheers.)  In  the  application  of  these  principles  to  the 
future  policy  of  this  country,  let  it  not  be  supposed  for  a  moment 
that  I  would  presume  to  censure  the  great  men  of  this  nation.  Nor 
would  I  attempt  to  instruct  the  most  humble  of  my  countrymen.  I 
present  these  views  merely  for  the  purpose  of  rendering  more  dis 
tinct  and  clear  the  remarks  which  I  have  offered,  and  which  I  may 
not  have  stated  with  sufficient  explicitness 

"  I  suppose  the  war  with  Mexico  was  caused  by  the  repeated 
insults  which  time  after  time  she  had  offered  this  nation.  (Great 
applause.)  I  regard  this  much  talked-of  indemnity  as  merely  col 
lateral  or  incidental,  arising  out  of  the  circumstances  of  the  war. 
In  my  opinion,  that  question  will  be  set  aside,  if  not  wholly  lost 
sight  of,  in  the  pressure  of  the  great  considerations  which  are  to 
grow  out  of  the  high  responsibilities  and  delicate  duties  crowding 
upon  us,  and  the  unexampled  victories  which  have  attended  our 
arms.  (Cheers.)  In  pursuing  a  legitimate  object  of  war,  in  the 
providence  of  God  we  are  placed,  or  are  likely  soon  to  be  placed, 
in  a  position  where,  by  a  fair  and  legitimate  construction  of  the  law 
of  nations,  the  fate  of  Mexico  and  the  peace  of  this  continent,  to  a 
greater  or  less  extent,  will  devolve  upon  the  virtue,  the  wisdom,  and 
the  humanity  of  our  rulers.  (Applause.)  In  these  rulers  I  have 
the  greatest  confidence,  and  for  them  I  entertain  the  most  profound 
respect.  (Applause.) 

"  I  tell  you  again,  gentlemen,  this  matter  of  indemnity,  in  money 
or  any  thing  else,  will  be  secondary,  altogether  secondary,  in  com 
parison  with  the  considerations  which  I  have  no  doubt  will  be  pre 
sented  to  this  nation  in  the  further  prosecution  of  this  war.  The 
insults  have  been  resented — nobly  resented  ;  they  have  been  wiped 
out;  they  have  been  washed  out  with  blood.  (Enthusiastic  ap 
plause.)  If,  then,  indemnity  mean  money,  any  financier  will  tell 
you  that,  if  that  is  what  you  seek  as  the  only  object  of  the  war, 
you  had  better  withdraw  your  troops  as  soon  as  possible,  and  you 
will  save  money.  (A  laugh.) 

"But  the  indemnity  is  not  the  object  of  the  war.  No  man  here 
or  elsewhere  will  consent  to  weigh  blood  against  money.  (Great 
applause.)  I  do  not  care  who  presents  the  proposition,  when  it  is 
presented,  or  to  whom  it  is  presented,  Whig  or  Democrat,  no  man 
will  weigh  blood  for  money.  (Renewed  applause.)  But  this  is  not, 
I  repeat,  our  condition.  Higher  and  nobler  objects  present  them 
selves,  for  the  attainment  of  which  you  must  increase  your  armies 


COMPLIMENTARY    DINNER    AT    PHILADELPHIA.  177 

in  Mexico,  cost  what  it  may.  (Great  applause.)  Fifty  thousand 
men  must  go  to  Mexico.  (Renewed  applause.)  Let  me  then  state 
the  objects  for  the  attainment  of  which,  in  my  judgment,  this  aug 
mentation  of  our  force  in  Mexico,  is  required. 

"Mexico  is  poor  and  wretched.  Why?  Misgovernment,  insa 
tiable  avarice,  unintermitted  wrong,  unsparing  cruelty,  and  unbend 
ing  insolence, — these  have  inflicted  their  curse  on  the  unhappy 
country  and  made  her  what  she  is.  But  as  the  darkest  hour  is 
that  which  just  precedes  the  advent  of  the  morning  sun,  so  let  us 
hope  that  a  better  and  happier  day  is  now  about  to  dawn  upon 
unfortunate  Mexico.  Be  it  ours  now  to  forgive  her  all  her  tres 
passes,  and,  returning  good  for  evil,  make  her  free  and  happy ! 
(Enthusiastic  applause,  which  lasted  several  minutes.) 

"If  I  were  now  the  sovereign  authority,  as  I  was  once  the 
viceroy,  (laughter,)  I  would  prosecute  this  war  for  the  express  pur 
pose  of  redeeming  Mexico  from  misrule  and  civil  strife.  If,  how 
ever,  such  a  treaty  were  offered  me  as  that  offered  to  the  Government 
of  the  United  States,  before  God,  I  would  consider  it  my  bounden 
duty  to  reject  it.  (Loud  applause.)  I  would  say  to  them,  <  We  can 
pay  the  indemnity  ourselves.  But  we  have  a  duty  before  God 
which  we  cannot — we  must  not — evade.  The  priceless  boon  of  civil 
and  religious  liberty  has  been  confided  to  us  as  trustees.'  (Cheers.) 
I  would  insist,  if  the  war  were  to  be  prolonged  for  fifty  years,  and 
cost  money  enough  to  demand  from  us  each  year  the  half  of  all  that 
we  possess,  I  would  still  insist  that  the  inestimable  blessings  of  civil 
and  religious  liberty  should  be  guaranteed  to  Mexico.  We  must 
not  shrink  from  this  solemn  duty.  We  dare  not  shrink  from  it. 
We  cannot  lose  sight  of  the  great  truth  that  nations  are  accountable 
as  well  as  individuals,  and  that  they  too  must  meet  the  stern 
responsibilities  of  their  moral  character ;  they  too  must  encounter 
the  penalty  of  violated  law  in  the  more  extended  sphere  adapted  to 
their  physical  condition. 

"  Let  the  solemn  question  come  home  to  the  bosom  and  business 
of  every  citizen  of  this  great  republic — '  What  have  I  done — what 
has  this  generation  done — for  the  advancement  of  civil  and  religious 
liberty  ?'  (Applause.) 

" It  is  in  view  of  this  responsibility,  of  our  obligations  to  the 
infinite  Source  of  all  our  peace,  prosperity,  and  happiness,  of  our 
duty  to  fulfil  the  great  mission  of  liberty  committed  to  our  hands, 
that  I  would  insist,  cost  what  it  may,  on  the  establishment  of  a 
permanent,  independent  republic  in  Mexico.  (Cheers.)  I  would 
insist  that  the  great  principle  of  religious  toleration  should  be 

12 


178  COMPLIMENTARY   DINNER   AT    PHILADELPHIA. 

secured  to  all ;  that  the  Protestant  in  Mexico  should  be  guaranteed 
the  enjoyment  of  all  the  immunities  and  privileges  enjoyed  by 
Mexicans  in  the  United  States.  (Loud  cheers.)  These  great  and 
benevolent  objects  I  would  accomplish  by  sending  into  Mexico  a 
force  adequate  to  maintain  all  the  posts  which  we  now  occupy,  to 
defend  them  against  any  assaults  that  might  be  made  against  them, 
and  to  keep  open  our  communications.  I  would  seize  upon  Paredes, 
Arista,  and  other  military  chieftains,  and  send  them  to  St.  Helena, 
if  you  please.  (Laughter  and  applause.)  I  would  declare  an 
armistice ;  and  the  Executive  should  be  called  upon  to  issue  a  pro 
clamation,  and  send  six  or  more  commissioners  to  meet  Mexico  in 
a  liberal  and  generous  spirit. 

"We  have  vanquished  Mexico.  She  is  prostrate  at  our  feet;  we 
can  afford  to  be  magnanimous.  Let  us  act  so  that  we  need  not 
fear  the  strictest  scrutiny  of  the  Christian  and  civilized  world.  I 
would,  with  a  magnanimous  and  kindly  hand,  gather  these  wretched 
people  within  the  fold  of  republicanism.  (Loud  applause.)  This  I 
would  accomplish  at  any  cost.  <  Oh  !'  but,  it  is  said,  « this  will  bring 
us  to  direct  taxation.'  Well,  let  it  come.  We  must  not  shrink  from 
our  responsibility.  We  have  ample  means.  Throwing  aside  long  finan 
cial  reports  which  nobody  understands,  (laughter,)  let  us  in  a  manly, 
upright,  and  philanthropic  spirit,  meet  every  emergency  which  we  may 
be  called  upon  to  encounter  in  the  discharge  of  duty.  (Applause.) 

"  But  I  have  already  detained  you  too  long.  Let  me  conclude, 
and.  again  returning  my  heartfelt  thanks  for  your  kindness,  offer 
you  the  following  sentiment : — 

"  <  Philadelphia — Renowned  for  her  encouragement  of  the  fine 
arts ;  with  one  moiety  of  the  public  patronage  bestowed  elsewhere, 
she  would  stand  as  unrivalled  in  the  mechanic  arts  as  the  State  of 
Pennsylvania  now  does  in  her  agricultural  and  mineral  resources.' ' 

This  toast  was  received  with  great  enthusiasm,  and  the  distin 
guished  guest  resumed  his  seat  amid  long-continued  cheering. 

It  will  be  perceived,  from  the  date  when  this  speech  was  delivered, 
that  peace  with  Mexico  had  not  then  been  concluded.  It  may  be 
inferred,  from  the  sentiments  expressed  by  Commodore  Stockton  on 
this  occasion,  that  he  could  not  have  approved  entirely  the  Treaty 
of  Guadaloupe  Hidalgo.  He  seems  to  have  been  of  opinion  that  the 
United  States  should  have  retained  some  sort  of  a  protectorate  over 
Mexico  until  she  should  become  capable  of  self-government.  How 
ever  startling  such  a  proposition  may  seem,  it  may  well  be  doubted 
whether  such  a  policy  would  not  have  conferred  on  Mexico  blessings 


STOCKTON'S  ADVOCACY  OF  AMERICAN  DOCTRINES.          179 

of  inestimable  value.  Political  sagacity  may  yet  be  baffled  to  dis 
cover  any  other  method,  by  means  of  which  that  beautiful  country 
can  be  restored  to  a  state  of  progressive  civilization,  or  its  relapse 
into  degraded  barbarism  averted. 

The  expression  of  such  an  opinion  at  that  time  was  certainly  in 
advance  of  the  age,  if  it  be  not  so  now,  even  after  the  lamentable 
events  in  Mexican  history  during  the  last  eight  years.  But  the  at 
tentive  observer  of  the  career  of  Commodore  Stockton  will  perceive 
that  it  is  characteristic  of  his  mind  to  be  in  the  advance  of  his  day 
and  generation.  This  is  indicated  by  his  early  attention  to  the  in 
ternal  improvement  of  New  Jersey,  by  his  construction  of  the 
steamer  Princeton,  his  general  views  on  naval  defences,  his  repudia 
tion  of  Van  Buren,  his  Kossuth  speech,  his  advocacy  of  the  abolition 
of  flogging,  and  by  his  adoption  of  the  American  doctrines  at  the 
Philadelphia  banquet.  Though  at  that  time  the  Americans,  as  a 
party,  were  of  insignificant  strength,  we  find  in  this  speech  intrinsic 
evidence  that  he  then  entertained  the  leading  doctrines  by  which 
recently  they  have  become  so  well  known.  He  distinctly  avows  the 
principle  that  it  is  the  duty  of  the  United  States  to  exact  from 
foreign  governments,  in  favour  of  American  residents,  the  same 
freedom  of  religious  worship  that  the  United  States  concedes  to 
foreigners  residing  in  this  country. 

The  speech  is  evidently  incompletely  reported ;  but  there  is 
enough  of  it  preserved  to  indicate  the  boldness  and  the  originality 
of  the  views  of  Commodore  Stockton  with  respect  to  our  relations 
with  Mexico,  as  well  as  to  other  subjects. 

The  Commodore,  it  is  known,  never  approved  of  the  boundary- 
line  fixed  by  the  treaty  of  Guadaloupe  Hidalgo.  He  had,  in  his  first 
despatches  to  the  Navy  Department  from  California,  urged  upon  the 
Government  the  expediency  of  obtaining  Lower  as  well  as  Upper 
California.*  In  his  letter  of  the  18th  September,  1846,  addressed 
to  Mr.  Bancroft,  Secretary  of  the  Navy,  he  says : — 

"  We  must,  therefore,  hold  the  country  along  the  sea-coast  as  far 
south  as  St.  Lucas,  and  make  the  river  Gila,  and  a  line  drawn  from 
that  river  across  to  the  Del  Norte,  the  southern  boundary;  all  of 
which  is  now  in  our  possession.  It  is  not  my  business,  perhaps,  to 
say  more  on  the  subject.  I  will  send  you,  however,  a  map  which  I 
have  made,  and  on  which  I  have  traced  with  red  ink  the  boundary- 
line  above  suggested."  That  map  was  sent,  and  is  now  on  file  at 
Washington  in  the  proper  Department. 

*  See  Letter,  in  Aupendix. 


180       HIS  RECEPTION  BY  NEW  JERSEY  LEGISLATURE. 

Among  the  honours  conferred  on  the  Commodore  soon  after  his 
return  was  a  formal  reception  by  the  Legislature  of  his  native 
State. 

The  following  joint  resolutions  of  the  Legislature  of  New  Jersey 
were  submitted  in  the  House  of  Assembly  on  the  6th  of  February, 
1848,  and  were  unanimously  adopted  by  both  Houses : — 

"WHEREAS,  Commodore  Robert  F.  Stockton  has,  at  all  times, 
promptly  and  efficiently  responded  to  the  call  of  his  country,  and 
in  the  exciting  war  with  Mexico  has  signally  maintained  the  honour 
and  gallantry  of  his  native  State — therefore, 

"Resolved,  That  the  thanks  of  the  Legislature  of  New  Jersey 
be  tendered  to  Commodore  Robert  F.  Stockton  for  the  dis 
tinguished  alacrity,  courage,  and  ability,  with  which  he  has  dis 
charged  the  arduous  and  multiplied  duties  assigned  him  in  Cali 
fornia. 

"Resolved,  That  a  joint  committee  of  the  Senate  and  General 
Assembly  be  appointed  to  carry  into  effect  the  foregoing  resolutions." 

We  take  the  following  proceedings  of  his  reception  by  the  Legis- 
ture  from  the  «  Trenton  State  Gazette"  of  March  3,  1848  :— 

COMMODORE    STOCKTON   AND   THE    LEGISLATURE. 

Yesterday,  in  accordance  with  the  previous  arrangements,  the 
resolutions  of  the  Legislature,  testifying  their  high  sense  of  his  re 
cent  services  in  California,  were  presented  to  Commodore  Stockton 
in  the  Assembly-room,  by  the  two  Houses  of  the  Legislature,  through 
Mr.  Goble,  the  chairman  of  the  committee.  Soon  after  12  o'clock, 
Commodore  Stockton  was  waited  upon  at  Snowden's,  by  the  com 
mittee  of  the  Legislature,  and  was  escorted  thence,  by  them  and  a 
number  of  citizens,  to  the  Assembly-room.  The  Commodore  was  in 
the  uniform  of  his  rank.  The  hall  of  the  Assembly  was  occupied 
by  the  Senators  and  Assemblymen.  The  lobbies  and  the  aisles  were 
crowded  with  spectators.  The  galleries,  having  been  reserved  for 
their  use,  were  filled  with  ladies.  Commodore  Stockton  was  escorted 
by  the  committee  to  the  left  of  the  Speaker's  chair,  the  members  of 
both  houses  rising  to  receive  him.  The  Speaker  then  called  the 
house  to  order,  and  Mr.  Goble  addressed  Commodore  Stockton  as 
follows : — 

«  COMMODORE  STOCKTON: — On  behalf  of  the  joint  committee  ap 
pointed  for  that  purpose,  I  present  to  you  the  resolutions  of  thanks 
passed  unanimously  by  the  Legislature  of  the  State  of  New  Jersey 


HIS   REPLY   TO    THE    RESOLUTIONS.  181 

for  your  public  services  in  Mexico.  In  a  remote  clime  you  have 
nobly  sustained  the  American  flag,  and  have  advanced  the  reputa 
tion  of  the  American  navy.  Your  gallant  achievements  in  Califor 
nia  and  on  the  Pacific  coast  have  endeared  your  name  to  the  people 
of  your  native  State,  and  have  rendered  this  expression  of  approba 
tion  from  its  constituted  authorities  as  becoming  to  them  as  it  has 
been  deserved  by  you.  Nor  have  we  forgotten,  in  the  brilliancy  of 
your  naval  and  military  career,  the  important  services  you  have  per 
formed  on  a  less  dazzling  but  no  less  meritorious  field  of  action. 
The  cause  of  internal  improvements  in  the  State  of  New  Jersey  has 
been  greatly  promoted  by  your  active  and  strenuous  exertions.  As 
a  token,  therefore,  of  the  respect  and  admiration  you  have  justly 
inspired,  I  tender  you  a  copy  of  the  resolutions  recently  adopted  by 
the  Legislature." 

Mr.  Goble  then  presented  to  Commodore  Stockton  a  parchment 
copy  of  the  resolutions  of  the  Legislature. 

Commodore  Stockton  then  replied  as  follows : — 

«  GENTLEMEN  OF  THE  SENATE  AND  HOUSE  OF  ASSEMBLY  : — Noble 
ness  of  sentiment,  correctness  of  conduct,  and  the  love  of  liberty, 
have  ever  characterized  our  citizens  wherever  they  have  carried  our 
victorious  arms.  Actuated  by  a  desire  of  fame  or  an  ardent  affec 
tion  for  their  country,  our  heroes  have  conquered  and  our  patriots 
have  bled.  Sacrifices  of  the  most  heroic  kind  have  been  made,  and 
actions  have  been  performed  which  almost  exceed  our  belief  of  human 
power  and  endurance.  That,  amid  such  scenes  of  glory  and  con 
gratulation,  I  should  have  been  thought  of  at  all,  and  especially  that 
I  should  have  been  so  kindly  and  so  honourably  remembered  by  the 
representatives  of  the  State  of  New  Jersey,  in  General  Assembly 
convened,  is,  and  must  always  be  to  me,  a  source  of  unfeigned,  un 
mixed,  pride  and  satisfaction.  There  is — undoubtedly  there  is — a 
desire  for  praise  and  fame  which  encourages  a  weak  and  ignoble 
pride  ;  but  there  is  also  a  noble,  generous,  manly,  and  moral  regard 
for  the  good  opinion  of  our  fellow-citizens  which  elevates  the  mind 
and  improves  the  heart.  The  age  in  which  we  live,  and  our  own 
country  particularly,  is  remarkable  for  the  manner  in  which  those 
who  serve  the  public  are  commended  and  rewarded.  The  gorgeous 
equipage,  the  triumphal  arch,  the  imperial  purple,  the  crowns  and 
tablets  of  gold  and  silver,  give  way  to  the  more  simple,  eloquent, 
touching,  and  godlike  commendation  of  "Well-done,  good  and 
faithful  servant."  For,  whatever  of  commendation  and  honour  may 
have  elsewhere  been  bestowed  upon  me,  I  hope  that'  I  have  a  full 


182  REPLY   TO   THE    RESOLUTIONS. 

and  abiding  sense  of  gratitude ;  but  this  is  rny  native  State,  here  I 
was  born,  here  I  have  lived,  and  here  I  hope  to  die.  This  is  nay 
home ;  and  the  thanks  of  the  representatives  of  my  fellow-citizens, 
who  have  known  me  in  private  as  well  as  in  public  life,  is  the  most 
heartfelt  and  the  greatest  reward  that  can  be  given  for  my  poor 
but  well-intended  efforts  in  the  service  of  my  country.  Oh !  yes  I 
this  is  my  native  land. 

"  'Lives  there  a  man  with  soul  so  dead, 
Who  never  to  himself  hath  said 
This  is  my  own,  my  native  land  ?' 

At  this  time,  and  under  the  interesting  circumstances  of  this  occa 
sion,  I  cannot,  I  do  not,  wish  to  say  one  word  about  myself,  or  of 
the  deeds  that  I  have  done.  They  are,  indeed,  so  poor  in  com 
parison  with  the  honour  which  you  have  this  day  conferred  upon 
me,  that  I  dare  not,  by  their  recital,  run  the  risk  of  dissolving  the 
charm  which  your  thanks  have  thrown  around  my  heart.  I  would 
not  for  the  world's  extent  say  any  thing  or  do  any  thing  that  would 
loosen  or  in  any  degree  weaken  the  bonds  of  reciprocal  regard  and 
confidence  which  this  day  binds  us  together.  I  would  leave  the 
matter  with  you,  just  as  it  is.  I  would  not  add  or  take  from  it  one 
jot  or  tittle.  Let  it  be  just  so.  You  have  given  to  me  your  thanks ; 
and  I  here  renew  to  you  my  fidelity  to  my  native  State  and  my 
country. 

"A  few  words  as  to  Mexico,  and  I  have  done.  The  causes  of  the 
war  and  the  circumstances  attending  its  prosecution  are  as  well 
known  to  you  as  to  myself.  It  does  not  become  me  to  say  any 
thing  upon  that  topic.  It  is  understood,  however,  that  a  treaty  of 
peace  between  the  United  States  and  Mexico  has  been  received  by 
the  President  and  sent  to  the  Senate  of  the  United  States,  and  it 
may  not  be  inappropriate  or  unacceptable  to  say  a  word  or  two  upon 
that  subject. 

"In  my  judgment,  there  are  two  views  which  may  be  taken  of  this 
matter. 

"The  first  is  the  Christian,  philanthropic,  statesmanlike  view, 
which  will  prevent  our  giving  up  Mexico  and  withdrawing  our  troops, 
until  a  free,  independent,  republican  Government  shall  be  there  esta 
blished,  and  until  we  shall  have  made  with  such  a  government  a 
treaty  securing  to  the  Protestant  of  these  United  States  the  same 
privileges  which,  by  our  Constitution,  are  secured  to  the  Roman 
Catholic,  and  thereby  remove  all  pretence  for  European  interference 
in  the  affairs  of  Mexico. 


RESIGNS   HIS    COMMISSION   IN   THE   NAVY.  183 

«  The  other  view  of  the  subject  embraces  the  idea  that  we  are  to 
entertain  no  sympathy  for  any  but  ourselves;  that  we  have  no  con 
cern  in  any  portion  of  this  continent  but  our  own;  that  it  is  a  mat 
ter  of  no  consequence  to  us  whether  we  leave  Mexico  in  a  state  of 
revolution  and  blood,  or  whether  a  monarchical  or  republican  govern 
ment  should  be  established  there ;  that  all  we  want  is  peace,  and 
peace  we  must  have,  cost  what  it  may. 

"If  this  last  view  obtains,  I  would  recommend  to  its  advocates  to 
get  as  many  of  the  dirty  acres  as  they  can,  ratify  the  treaty,  and 
close  the  war  as  soon  as  possible. 

«  MR.  CHAIRMAN  AND  GENTLEMEN  OF  THE  COMMITTEE  : — I  hardly 
know  how  properly  to  return  my  acknowledgments  to  you  for  this 
kind  reception  and  for  your  eloquent  and  generous  address  to  me. 
While  I  am  free  to  admit  they  greatly  exceed  my  poor  deserts,  still 
it  would  be  to  indulge  a  puerile  and  unworthy  affectation  were  I  to 
hesitate  to  say  that  they  have  given  me  the  most  unbounded 
pleasure.  For  the  part  which  you  have  taken  in  these  ceremonies, 
so  kind  and  honourable  to  myself,  permit  me  to  return  to  you  my 
best,  kindest,  humblest,  thanks." 

In  1849,  Commodore  Stockton  resigned  his  commission  in  the 
navy.  Peace  had  been  restored  between  Mexico  and  the  United 
States  in  1848.  His  father-in-law,  John  Potter,  Esq.,  having  died, 
also  in  this  year,  devolving  upon  him,  in  the  settlement  of  a  large 
estate,  duties  and  responsibilities  additional  to  those  which  a  nu 
merous  family  of  his  own  and  his  connection  with  the  public  works 
of  New  Jersey  already  imposed,  he  thought  that  the  time  had  ar 
rived  when  his  age,  his  past  public  services,  and  the  condition  of  the 
country,  would  justify  his  retirement.  He  was,  however,  devotedly 
attached  to  the  navy ;  and,  notwithstanding  the  imperative  nature 
of  his  private  interests  requiring  for  a  while  his  entire  attention,  he 
would  not,  even  at  this  time,  have  surrendered  his  position  in  the 
navy  had  he  not  felt  the  injustice  of  remaining  in  the  service  while 
he  was  conscious  that  he  would  not  be  able  for  a  long  time  to  per 
form  the  duties  which  might  be  required  of  him. 

During  the  whole  course  of  his  service,  from  1811  to  1849,  he 
had  never  asked  a  furlough  or  even  leave  of  absence.  And,  no 
matter  how  urgent  and  critical  were  his  own  private  affairs,  in  every 
instance  he  promptly  obeyed  every  order  which  he  received. 

The  country  was  in  the  enjoyment  of  profound  peace,  and 
no  cloud  of  war  was  visible  on  the  horizon  of  the  distant 


184  HIS  LETTER  ON  SLAVERY. 

future.  He,  therefore,  determined  no  longer  to  remain  callous 
to  the  entreaties  of  his  family,  who  had  for  many  years  soli 
cited  his  retirement  from  the  navy.  He  had  reached  the  highest 
grade  in  the  service ;  he  had  won  laurels  quite  enough  to  gratify  his 
ambition ;  he  had  conferred  on  his  country  an  ample  return  for  the 
confidence  she  had  bestowed  on  him ;  he  had  served  her  faithfully 
and  given  her  the  prime  years  of  his  manhood ;  and  he  felt  that 
neither  honour  nor  duty  required  that  he  should  any  longer  continue 
insensible  to  the  demands  of  affection  and  of  his  domestic  duties. 

In  1850,  the  organization  of  the  new  territories,  and  the  question 
respecting  the  application  of  the  Wilmot  proviso,  excluding  slavery 
from  them,  became  subjects  of  absorbing  interest.  The  whole  country 
was  agitated  by  the  discussion,  and,  indeed,  still  continues  more  or 
less  distracted  in  relation  to  the  subject. 

March  7,  1850,  Mr.  Webster  delivered  his  great  speech  in  the 
Senate  in  favour  of  compromise.  Having  been  for  many  years  on 
terms  of  great  personal  intimacy  with  Commodore  Stockton,  he  sent 
him  a  copy  of  this  speech,  and  solicited  his  views  on  the  subject 
in  the  following  letter : — 

MR.  WEBSTER   TO    COMMODORE    STOCKTON. 

"WASHINGTON,  March  22,  1850. 

"  MY  DEAR  SIR  : — I  send  to  you,  as  an  old  friend,  a  copy  of  my 
late  speech  in  the  Senate.  It  relates  to  a  subject  quite  interesting 
to  the  country,  as  connected  with  the  question  of  proper  govern 
ments  for  those  new  territories  which  you  had  an  important  agency 
in  bringing  under  the  power  of  the  United  States. 

"I  would  hardly  ask  your  opinion  of  the  general  sentiments 
of  the  speech,  although  I  know  you  are  a  very  competent  judge, 
but  that,  being  out  of  the  strife  of  politics,  your  judgment  is  not 
likely  to  be  biassed,  and  that  you  have  as  great  a  stake  as  any  man 
in  the  preservation  of  the  Union  and  the  maintenance  of  the 
Government  on  its  true  principles. 

"I  am,  dear  sir, 

"With  great  respect,  yours, 

^DANIEL  WEBSTER. 
"COMMODORE  STOCKTON." 

Commodore  Stockton  responded  to  this  invitation  in  his  celebrated 
letter  on  the  subject  of  slavery.  It  is,  perhaps,  the  most  masterly, 
statesmanlike,  national,  and  comprehensive  view  of  the  subject  which 
has  ever  been  taken  by  any  public  man.  'It  exercised  a  powerful 


NOMINATED  FOR  UNITED  STATES  SENATE.         185 

influence  on  the  public  at  that  time,  and  is  destined  still  to  exert  a 
most  salutary  influence  wherever  it  is  read  by  those  who  can  appre 
ciate  the  importance  and  value  of  the  Union  and  an  implicit  ob 
servance  of  the  obligations  of  the  Constitution.* 

In  the  election  of  1850,  in  November,  the  Democratic  party  in 
New  Jersey  succeeded  in  obtaining  a  majority  in  the  Legislature. 
So  soon  as  this  result  was  known,  Commodore  Stockton  was  placed 
in  nomination  in  various  parts  of  the  State  as  a  candidate  for  the 
place  of  Senator,  as  successor  to  the  Hon.  Wm.  L.  Dayton,  whose 
term  expired  on  the  4th  of  March,  1852. 

The  Commodore  was  by  no  means  ambitious  of  filling  this  honour 
able  position.  Having  resigned  his  commission  for  the  purpose  of 
attending  to  his  private  affairs,  he  was  reluctant  to  enter  a  sphere 
the  duties  of  which  would  necessarily  engross  his  time  and  attention 
for  the  greater  part  of  the  year.  With  these  feelings,  before  the 
Legislature  met,  he  published  the  following  letter: — 

"PRINCETON,  November  19,  1850. 

"TO  THE  EDITOR  OP  THE  'TRUE  AMERICAN': — 

"I  notice  in  the  papers  of  the  day,  have  learned  from  letters,  and 
heard  in  private  circles,  that  my  name  is  spoken  of  in  connection 
with  the  office  of  United  States  Senator  for  New  Jersey. 

"With  gratitude  to  those  of  my  fellow-citizens  who  have  named 
me  for  that  high  office,  I  must  nevertheless  say,  frankly  and  at 
once,  that  I  decline  it. 

'•However  averse  I  may  le  to  enter  into  questions  of  party  politics, 
still,  permit  me  to  express  the  hope  that  the  appointment  of  Senator 
may  be  conferred  on  some  one  whose  heart  and  hand  and  voice  is 
pledged  to  the  Union  of  the  States  at  all  hazards,  and  to  the  sup 
port  of  the  compromises  of  the  Constitution  and  the  execution  of  the 
laws  with  unfaltering  fidelity. 

"Survive  who  may,  perish  who  will,  the  Union  must  be  preserved. 
To  this  sentiment,  for  one,  I  set  my  hand  and  heart,  and  on  its 
maintenance  I  am  now,  as  I  ever  have  been,  ready  to  pledge  my 
life,  my  fortune,  and  my  honour.  The  people  of  New  Jersey  have, 
at  the  late  election,  adopted  it  and  made  it  theirs,  and  every  citizen 
everywhere,  who  loves  his  country  and  his  race,  will  respond  to  it 
with  enthusiasm.  R.  F.  STOCKTON." 

The  reader  will  observe  the  Commodore's  remark  in  this  letter 

*  This  Letter  will  be  found  in  the  sequel  to  these  pages. 


186  HE    IS    ELECTED. 

respecting  his  aversion  to  party  politics.  The  history  of  American 
politics  affords  few  instances  of  politicians  scouting  party  politics 
at  the  very  time  when  they  were  set  up  as  the  candidates  of  a  party. 
But  the  Commodore,  though  in  principle  he  was  allied  with  the 
Democratic  party,  and  for  the  most  part  had  acted  with  them,  de 
sired  his  party  friends  to  understand  that  he  was  not  that  sort  of 
party  man  who  considers  the  party  the  alpha  and  omega  of  his 
political  creed ;  that,  though  in  principle  with  the  Democratic 
party,  he  did  not  intend  to  lose  sight  of  the  country,  its  honour,  and 
interests. 

No  man  has  perceived  more  closely  and  with  more  disgust  than 
he  the  perversion  of  party  to  the  purposes  of  the  selfish  ambition  of 
aspiring  men.  His  own  self-respect,  therefore,  induces  him  to  re 
volt  from  the  tyranny  of  party  when,  under  the  pretext  of  principle, 
it  becomes  the  ancillary  of  personal  ambition.  He  will  go  with  it 
while  the  honour,  interests,  and  welfare  of  the  country  are  its  real 
objects ;  but,  when  they  are  not  absolutely  involved,  he  feels  at  liberty 
to  exercise  the  independence  of  a  free  man.  Of  course,  entertaining 
such  sentiments,  venal,  dissolute,  and  ambitious  politicians  are  not 
political  friends  of  Stockton.  He  knows  it,  and  nothing  is  more 
gratifying  to  him  than  their  aversion,  except  the  approbation  of  the 
just  and  good. 

Notwithstanding  the  decided  terms  in  which  Commodore  Stock 
ton  declined  the  honour  of  a  seat  in  the  Senate  of  the  United  States, 
he  was  elected  at  the  ensuing  session  of  the  Legislature,  after  a  con 
test  which,  however  acrimonious  at  the  time,  has  nevertheless  left 
no  immedicable  wounds.  The  distinguished  gentleman  whom  he 
succeeded  (the  Hon.  Win.  L.  Dayton)  had  the  magnanimity,  only 
two  years  after,  in  a  speech  at  Trenton,  before  the  people,  to  speak 
of  the  Commodore  in  the  following  terms : — 

"  They  say  Mr.  Pierce  is  a  good  Democrat,  but  at  the  same  time 
they  tell  us  he  is  opposed  to  a  tariff,  and  opposed  to  internal  im 
provement,  and  the  only  thing  he  is  in  favour  of  is  free  trade.  He 
is  against  every  thing  that  we  go  for,  and,  therefore,  he  is  not  the 
man  to  get  our  votes.  Why,  I  could  have  chosen  for  thfem  a  better 
man  to  run,  from  our  own  neighbourhood — a  man  whose  name  is 
known  to  the  country — who  has  been  heard  of  in  Africa,  in  Cali 
fornia,  and  at  San  Gabriel — a  real  hero.  Everybody  knows  I  am  un 
der  no  obligations  to  that  gentleman ;  but  if  the  opposite  party  had 
taken  up  Commodore  Stockton,  I  believe  they  would  have  had  a 
much  stronger  candidate ;  and  then  we  should  have  had  a  real 
Jersey  race  on  both  sides." 


STOCKTON   TAKES    HIS    SEAT    IN    THE    SENATE.  1ST 


CHAPTER   XIV. 

COMMODORE  STOCKTON  TAKES  HIS  SEAT  IN  THE  SENATE  —  KOSSUTH  EXCITEMENT  — 
RESOLUTIONS  OF  LEGISLATURE  OF  NEW  JERSEY — COMMODORE  STOCKTON  THE  FIRST 
TO  GRASP  THE  PRACTICAL  QUESTION  PRESENTED  BY  KOSSUTH  —  SPEECHES  IN  THE 
SENATE  ON  FLOGGING  IN  THE  NAVY WASHINGTON'S  BIRTHDAY  BANQUET BALTI 
MORE  NATIONAL  DEMOCRATIC  CONVENTION THE  PRESIDENTIAL  NOMINATION 

GENERAL     EXPECTATION     THAT     COMMODORE     STOCKTON    WOULD    BE    TENDERED    THE 
NAVY   DEPARTMENT — RESIGNATION    OF    SEAT   IN    SENATE. 

THE  election  of  Commodore  Stockton  to  the  Senate  of  the  United 
States  was  the  first  instance  of  the  election  to  that  body  of  a  mem 
ber  whose  previous  life  had  been  passed  on  the  quarter-deck.  In 
stances  there  had  been  of  the  election  of  senators  who,  in  early  life, 
had  belonged  to  the  navy.  |Mr.  Louis  McLane,  of  Delaware,  had 
been  a  Lieutenant  in  the  navy,  but  left  it  when  young  to  pursue  the 
profession  of  law.  Commodore  Stockton,  however,  had  never  fol 
lowed  any  other  than  the  nautical  profession,  and,  having  risen  to 
distinction,  had  but  recently  resigned  his  commission  as  a  naval 
officer.  Generals  without  number,  both  of  the  regular  army  and  of 
the  militia,  have  figured  in  the  Senate  as  well  as  in  the  House  of 
Representatives  of  Congress.  But  they  have  generally,  at  some 
period  or  other,  belonged  to  one  of  the  learned  professions,  or  have 
enjoyed  the  advantages  of  some  parliamentary  experience  in  the 
legislatures  of  their  respective  States. 

Commodore  Stockton  entered  the  Senate  without  any  such  pre 
paratory  experience.  Many,  therefore,  without  any  knowledge  of  his 
previous  history,  ignorant  of  the  important  part  which  he  had  for 
many  years  taken  in  the  civil  and  political  affairs  of  New  Jersey, 
were  disposed  to  sneer  at  the  election  of  a  sailor  to  the  Senate  of 
the  United  States.  They  did  not  believe  that  the  commander  of  a 
man-of-war  could  possess  the  qualifications  for  shining  in  the  first 
deliberative  body  of  the  world,  where  the  highest  intellectual  efforts 
of  the  master  minds  of  America  were  put  forth.  Of  course,  no  one 
(except  those  who  knew  him  well)  was  prepared  to  believe  that 
he  would  add  any  new  lustre  to  his  name  by  adventure  in  such  a 
field. 


188  KOSSUTH    EXCITEMENT. 

Commodore  Stockton  took  his  seat  in  the  Senate  about  the  middle 
of  December,  1851. 

It  will  be  remembered  that  at  this  time  Kossuth  was  in  the  zenith 
of  that  wonderful  popularity  which  his  genius,  eloquence,  and  cause 
had  inspired.  He  had  passed  through  the  country  and  electrified 
all  classes.  The  whole  nation,  with  an  apparently  overwhelming 
majority,  responded  to  his  invocations,  and  seemed  disposed  to  accede 
to  his  invitations  and  adopt  the  policy  which  he  advocated.  The 
public  ear  received  coldly  and  unwillingly  any  remonstrance  adverse 
to  the  wishes  of  Kossuth.  The  popular  feelings  were  captivated 
and  spell-bound  by  the  Hungarian  magician.  Presidential  aspi 
rants  and  their  friends  vied  in  subserviency  to  the  eloquent  foreigner. 
Under  the  impulse  of  the  popular  ebullition,  there  was  danger  that 
the  peace  of  the  country  would  be  compromised,  and  that  we  should 
become  entangled  in  the  strife  which  disturbed  Europe. 

In  this  condition  of  the  public  mind,  the  question  was  presented 
to  the  Senate  whether  they  would  give  Kossuth  a  public  reception 
or  not,  and  whether  they  would  sanction  the  doctrines  which  he  had 
been  inculcating  ? 

It  was  held  by  some  that  the  Senate  were  committed  to  his  recep 
tion  by  having  invited  him  to  America.  Some  senators  were  dis 
posed  to  refuse  any  further  recognition  of  the  distinguished  Hun 
garian,  lest  the  country  might  be  committed  by  such  action  of  the 
Senate.  Others  were  anxious  for  such  recognition  for  the  purpose 
of  gradually  leading  the  United  States  into  some  measure  of  inter 
vention  for  the  benefit  of  the  European  republicans.  Politicians 
perceptibly  quailed  before  the  influence  of  the  foreign-born  popu 
lation,  which  was  unanimously  in  favour  of  Kossuth's  policy. 

The  Senate  was  visibly  perplexed  as  to  the  proper  course  to  be 
taken.  Confused  notions  seemed  to  be  entertained  by  senators  as 
to  the  true  policy  of  the  United  States  with  reference  to  the  revo 
lutionists  of  Europe.  The  oldest  senators  failed  to  grapple  with 
the  real  points  at  issue,  or  to  present  them  distinctly  to  the  popular 
mind.  The  policy  of  intervention  or  non-intervention  was  rendered 
more  obscure  the  longer  the  discussion  lasted.  Two  months  of  the 
session  had  elapsed,  and  the  Senate  were  apparently  as  far  from  a 
decision  as  when  it  commenced. 

On  the  2d  of  February,  1852,  Commodore  Stockton  expressed  his 
opinions  on  the  subject.  The  occasion  afforded  him  for  that  purpose 
was  the  presentation  of  the  resolutions  of  the  Legislature  of  New 
Jersey  upon  intervention  and  non-intervention. 

These  resolutions  affirmed  ^very  broadly  that  non-intervention  was 


STOCKTON'S  OPINIONS  CONCERNING  INTERVENTION.       189 

the  true  doctrine  which  the  United  States  should  maintain.  The 
Commodore,  in  the  most  respectful  but  decided  manner,  expressed 
his  dissent  from  this  principle  asserted  by  the  resolutions.  He  con 
tended  that  the  non-intervention  doctrine,  if  established  as  the  law 
of  nations,  would  be  fatal  to 'the  cause  of  liberty.  He  thought  the 
Senate  could  not  hesitate  about  giving  Kossuth  a  public  reception, 
because  they  were  committed  by  their  previous  action.  But,  tc 
adopt  the  doctrine  of  non-intervention,  would  be  to  act  in  accord 
ance  with  the  wishes  of  the  most  despotic  governments.  They  had 
intervened  for  four  thousand  years  against  liberty ;  and  now  that 
the  time  was  approaching  when  the  United  States  would  soon  be 
able  to  cope  with  the  world  in  arms,  to  say  that  in  no  case  should 
we  intervene  would  be  to  assert  the  doctrine  which  tyranny  would 
approve  and  liberty  deplore.  And  then,  grasping  the  practical 
question  involved  in  the  discussion,  and  from  which  all  others  seemed 
to  shrink  with  apprehension,  he  declared  that  it  was  not  expedient 
for  the  United  States  to  intervene  in  behalf  of  Hungary  and 
against  Russia  ;  that  such  intervention  was  a  Utopian  idea,  and 
utterly  visionary  and  impracticable.  He  was  the  first  public  man 
of  any  prominence  who  had  the  moral  courage  to  avow  these  opi 
nions.  Their  practical  common  sense  was  apparent  to  all  as  soon 
as  they  were  avowed  by  him. 

General  Cass,  Senator  Dxmglas,  and  other  leading  senators,  adopted 
the  views  of  Commodore  Stockton  substantially,  and  vindicated 
elaborately  their  soundness. 

From  that  day  the  sympathizers  and  non-interventionists  began 
to  lose  ground,  and  the  whole  country  awakened  from  the  delusion 
with  which  it  had  been  beguiled  by  the  oratory  of  Kossuth. 

The  speech  of  Commodore  Stockton  on  the  New  Jersey  non 
intervention  resolutions  breathes  a  high-toned  devotion  to  the  cause 
of  human  liberty.  It  displays  also  enlarged  statesmanlike  views  of 
the  true  national  policy  of  the  United  States,  with  hopeful  and 
generous  predictions  of  the  future.  It  may  well  be  studied  for  the 
sound  comprehensive  principles  which  it  maintains.  Though  brief 
and  terse,  like  most  of  the  Commodore's  senatorial  speeches,  it 
covers  a  large  expanse  of  controversy  and  enunciates  noble  and 
liberal  sentiments  with  boldness,  vigour,  and  eloquence. 

During  his  short  senatorial  career,  though  the  Commodore  did 
not  speak  often,  yet  he  spoke  often  enough  to  make  a  powerful  im 
pression  on  the  public  mind;  no  senator  was  heard  with  more  atten 
tion  or  commanded  more  respect,  and  no  senator  attracted  a  more 


190  SPEECH   ON   FLOGGING  IN  THE  NAVY. 

numerous  audience.  When  it  was  anticipated  that  he  would  speak 
the  galleries  of  the  Senate  were  always  crowded  to  overflow. 

His  speeches  on  harbour  defences  and  the  efficiency  of  the  navy 
fearlessly  proclaimed  the  imbecility  of  the  bureaux  in  promoting 
the  development  of  the  navy.  They  present  the  practical  results 
of  his  naval  experience,  and  are  replete  with  valuable  suggestions 
and  patriotic  advice  to  prepare  in  peace  for  a  state  of  war. 

His  speech  on  flogging  in  the  navy  was,  perhaps,  his  most  elabo 
rate  effort  while  in  the  Senate.  He  therein  vindicated  the  opinions 
on  that  subject  which  he  was  known  to  have  long  held.  That  speech 
absolutely  terminated  all  controversy  on  the  subject.  No  one,  since 
the  delivery  of  that  speech,  has  attempted  to  vindicate  the  revival 
of  that  exploded  and  barbarous  practice.  The  abolition  of  flog 
ging  in  the  navy  had  other  able  champions  ;  but  the  testimony  of 
Commodore  Stockton  in  favour  of  the  abandonment  of  the  practice 
settled  the  question.  Few  speeches  in  Congress  have  obtained  a 
more  extensive  circulation  or  produced  a  more  profound  sensation. 
Among  the  maritime  classes,  especially  in  New  England,  it  has 
given  him  a  popularity  universal  and  enduring.  It  is  an  effort 
creditable  alike  to  his  humanity,  the  soundness  of  his  judgment, 
and  his  patriotism. 

Few  senators  ever  acquired  the  same  degree  of  power  and  influ 
ence  as  Commodore  Stockton  exerted  in  -the  Senate  in  so  short  a 
time.  He  never  made  any  serious  effort  to  carry  a  bill  or  measure 
while  in  the  Senate  without  succeeding. 

The  day  after  his  bill  for  reform  in  the  navy  passed  the  Senate, 
a  distinguished  senator,  opposed  to  it,  riding  up  with  a  friend,  being 
asked  the  fate  of  that  bill,  replied,  «  Oh,  it  passed ;  the  Commodore 
is  irresistible  ;  to  contend  with  him  is  certain  defeat." 

During  the  prevalence  of  the  Kossuth  excitement,  a  number  of 
members  of  Congress,  who  were  anxious  to  check  the  foreign  influ 
ence  which  was  evidently  seeking  to  plunge  the  country  into  the 
vortex  of  European  politics,  proposed  such  a  celebration  of  Wash 
ington's  birthday  as  would  have  a  tendency  to  revive  the  recollec 
tion  of  Washington's  policy  towards  foreigners  and  foreign  nations. 
Accordingly  a  very  large  subscription-banquet  was  arranged.  It 
was  attended  by  almost  all  those  distinguished  members  of  both 
houses  who  were  indisposed  to  submit  to  the  dictation  of  the  dis 
tinguished  exile. 

The  committee  of  arrangements  consisted  of  the  Hon.  A.  H. 
Stephens,  Georgia ;  Hon.  T.  H.  Bayly,  Virginia ;  Hon.  Edward 
Stanley,  North  Carolina;  Hon.  C.  L.  Dunham,  Indiana;  Hon. 


WASHINGTON'S  BIRTHDAY  BANQUET.  191 

William  Appleton,  Massachusetts ;  Hon.  W.  L.  Polk,  Tennessee ; 
Hon.  A.  L.  Miner,  Vermont. 

The  banquet  took  place  at  Willard's  Hotel,  on  the  evening  of 
Saturday,  the  21st  of  February. 

The  Hon.  R.  F.  Stockton  presided;  and  the  Hon.  W.  R.  King, 
President  of  the  Senate,  G.  W.  P.  Custis,  Esq.,  Judge  Wayne  of 
the  Supreme  Court  of  the  United  States,  and  General  Winfield 
Scott,  the  Hon.  Abraham  Venable,  and  the  Hon.  John  L.  Taylor, 
acted  as  Vice-Presidents. 

The  Rev.  C.  M.  Butler,  Chaplain  of  the  Senate,  returned  thanks, 
when  the  cloth  was  removed  ;  when  Commodore  Stockton  rose  and 
delivered  in  the  most  solemn  and  impressive  manner  the  following 
address : — 

«  FRIENDS  AND  AMERICANS  : — In  calling  me  to  preside  over  this 
festive  commemoration  of  the  birthday  of  Washington,  a  great 
honour  has  been  conferred  on  me,  for  which  my  best  thanks  are  due. 

"As  our  Republic  grows,  as  she  enlarges  her  sphere,  as  the  multi 
plying  millions  diffuse  themselves  over  this  vast  continent,  our 
federal  relations  will  probably  become  more  complicated  and  diver 
sified,  and  the  Constitution  and  the  Union  may  be  more  severely  tried 
by  mistaken  construction,  reckless  violation,  or  insidious  corruption. 

"  The  remembrance  of  the  past,  the  momentous  questions  of  the 
present  day,  and  the  solemn  mysteries  of  the  future,  should  teach 
us  to  appreciate  the  inestimable  treasure  that  is  concentrated  in  the 
pure  character  and  holy  patriotism  of  him  who  was  « first  in  war, 
first  in  peace,  and  first  in  the  hearts  of  his  countrymen,'  (cheers,) 
and  to  admonish  us  of  the  importance  of  our  keeping  fresh  in  the 
minds  of  all  this  mighty  people  the  memory  of  our  beloved  Wash 
ington.  (Renewed  cheers.)  That  is  a  talisman  whose  virtue  is 
more  precious  than  oceans  of  liquid  gold  or  solid  mountains  of  silver. 

"Nobleness  of  sentiment,  heroism  of  conduct,  and  love  of  liberty, 
have  astonished  and  delighted  mankind  in  every  country  and  in 
every  age;  costly  sacrifices  have  been  made  by  patriots,  and  actions  of 
almost  incredible  prowess  have  been  performed  by  mighty  men  of  old. 
But  in  those  exhibitions  of  valour  and  greatness  there  has  almost 
always  been  more  or  less  of  personal  ambition  or  criminal  atrocity. 
It  was  left  for  the  age  of  our  Revolution  to  produce  a  true  hero 
and  patriot — a  man  whose  fame  is  obnoxious  to  no  such  reproach. 
A  Christian  hero,  he  was  indeed  a  stern  soldier  and  conqueror,  but 
without  a  crime.  His  eyes  glistened  with  the  dew-drops  of  pity, 
even  when  the  unsheathed  sword  reeked  with  the  blood  of  the 


192  STOCKTON'S  SPEECH  AT  THE  BANQUET. 

fallen  foe.  A  statesman  and  a  legislator,  neither  intrigue,  dissimu 
lation,  nor  injustice,  marred  his  character.  The  first  man  of  the 
age,  his  great  desire  was  to  occupy  a  private  station.  In  every 
vocation  in  which  he  was  called  to  act,  he  excelled  the  most  illus 
trious  of  all  preceding  ages,  and  he  diifered  from  the  greatest  among 
them  by  being  untarnished  by  those  imperfections  which  they  exhibited 
"But  I  will  not  attempt  the  vain  eifort  of  magnifying  his  fame 
His  virtues  are  the  legacy  of  the  greatest  value  which  he  has  be 
queathed.  We  have  assembled  to  renew  our  remembrance  of  those 
virtues,  and  not  to  offer  incense  of  praise  to  his  great  name.  This 
being  our  only  object  on  this  occasion,  I  say,  in  the  language  of 
Holy  Writ,  '  It  is  good  for  us  to  be  here.'  Let  us  erect  a  taber 
nacle  in  every  heart  and  dedicate  it  to  Washington  and  the  Con 
stitution.  (Applause.) 

«  Gentlemen,  we  shall  be  true  to  our  country — the  American 
people  will  be  true  to  their  country  and  to  its  Constitution — just  so 
long  as  we  are  all  true  to  the  memory  of  Washington.  Through 
all  time  the  virtue  of  our  people  will  be  gauged  by  the  intensity  of 
their  veneration  for  his  precepts  of  wisdom,  by  the  vigour  of  their 
appreciation  for  his  character,  and  by  the  respect  which  they  che 
rish  and  manifest  for  his  virtues. 

"If  the  time  shall  come  when  unholy  ambition,  the  lust  for 
power,  and  foreign  conquest  or  the  glory  of  expensive  war,  shall 
animate  our  public  men,  and  their  fierce  passions  and  dangerous 
designs  cannot  be  checked  by  the  remembrance  of  the  probity  of 
Washington  and  his  policy,  then,  indeed,  the  golden  age  of  this 
Republic  will  be  forgotten.  (Applause.) 

"  If  sectional  injustice  and  animosities  almost  kindle  the  fires  of 
civil  war — if  illegal  power,  regardless  of  the  reserved  rights  of  the 
States  and  the  people,  shall  trample,  under  the  victorious  march  of 
party  spirit,  the  Constitution, — then,  if  an  appeal  to  the  memory  of 
the  grave  and  fastidious  caution  with  which  Washington  interpreted 
that  sacred  instrument  shall  be  in  vain,  then,  indeed,  small  hope 
will  remain  to  invigorate  the  efforts  of  the  patriots  to  bring  back 
the  Government  to  the  purity  of  that  of  Washington  and  Jefferson. 
"If  the  time  shall  come  when,  under  the  influence  of  generous, 
hospitable  emotions  or  ill-considered  partiality,  our  people  shall 
rashly  seek  to  involve  the  Republic  in  the  stormy  and  wretched  vortex 
of  European  politics,  and,  abandoning  the  ground  of  Washington, 
seek  to  place  themselves  on  that  of  foreign  powers,  forgetful  that 
their  first  and  chief  duty  is  to  take  care  of  their  own  country,  t hen, 
if  the  farewell  warnings  of  the  Father  of  his  Country  cannot  recall 


STOCKTON'S  SPEECH  AT  THE  BANQUET.  193 

them  to  a  true  perception  of  the  duties  of  patriotism,  nothing  but 
those  calamities  which  entangling  alliances,  and  the  long  and  fear 
ful  train  of  evils  which  float  in  the  wake  of  pernicious  war,  will  re 
veal  the  delusion,  the  folly  and  the  errors  of  their  degenerate  age. 
(Great  and  prolonged  applause.) 

« If  the  time  shall  ever  come  when  corruption  shall  invade  the 
walls  of  our  proud  capital  and  venal  crime  shall  stalk  unblushing 
through  its  precincts,  and  profligate  extravagance  and  perfidious 
peculation  abound  at  the  other  end  of  the  avenue,  then,  if  the  re 
membrance  of  the  frugality,  the  purity,  the  simplicity  of  Wash 
ington's  administration  cannot  save  us,  we  shall  have  foundered 
upon  those  rocks  on  which  all  other  republics  have  broken  to  pieces. 
(Applause.)  When  corruption  reigns  here,  Washington  will  be 
forgotten.  (Great  applause.) 

"  Friends  and  fellow-citizens !  following  in  the  footsteps  of  the 
immortal  Washington,  let  us  cherish  his  memory  and  profit  by  his 
precepts  and  his  wisdom. 

"  Members  of  both  houses  of  Congress  !  let  us  keep  this  Govern 
ment  within  its  prescribed,  constitutional  limits ;  (applause ;)  preserve 
it  a  frugal  and  economical  government,  (renewed  applause,)  drawing 
from  the  people  no  more  than  is  absolutely  necessary  for  the  purposes 
of  an  honest  administration  of  the  Constitution.  (Applause.)  Let 
no  temptation,  however  urgent  or  magnificent,  induce  us  to  violate 
its  spirit  or  its  letter.  Let  forbearance  and  conciliation  towards  all 
the  different  sections  of  our  country  and  their  diverse  interests  dis 
tinguish  our  councils  ;  cherish  peace  ;  avoid  war  when  not  essential 
for  practicable  purposes  or  for  the  defence  of  national  interests  and 
national  honour.  Then  we  shall  bid  defiance  to  the  remorseless 
appetite  for  power  ;  we  shall  erect  an  invincible  barrier  to  corrup 
tion  ;  we  shall  thus  baffle  demagogues  at  home  and  check  eventually 
the  march  of  despotism  abroad.  (Loud  applause.) 

"By  disregarding  the  maxims  and  forgetting  the  virtues  of 
Washington,  we  might  sooner,  perhaps,  reach  the  pinnacle  of  great 
ness,  but  it  would  be  at  the  expense  of  the  longevity  of  the  Re 
public.  Let  us  adhere  to  them,  for  they  will  conduct  us  quite  soon 
enough  to  the  topmost  round  of  the  ladder  of  national  aspiration ; 
and,  while  thus  adhering  to  his  example  and  emulating  his  patriotic 
devotion  to  the  Constitution,  let  us  look  high  enough  to  see  and 
open  our  hearts  wide  enough  to  embrace  all  the  varied  interests  of 
this  widely-extended  country. 

"  If  we  have  patriotism  enough  to  stand  up  at  all  times  and  under 
all  emergencies  for  our  country,  our  whole  country,  and  nothing  but 

13 


194  NAMED   AMONG    THE    PRESIDENTIAL   CANDIDATES. 

our  country,  we  may  some  of  us  be  victims  to  the  little  arts  of  little 
politicians  ;  but  even  in  death  our  country — great,  glorious,  united, 
and  prosperous — will  be  our  monument,  attesting  our  fidelity  and 
honouring  our  memories.  (Great  and  prolonged  cheering.) 

"Fellow-citizens,  I  have  the  honour  to  announce  the  first  regular 
toast : — 

"  <  The  day  we  celebrate. — Auspicious  to  the  cause  of  rational 
freedom.  It  gave  to  liberty  its  ablest  defender,  and  to  republican 
institutions  their  truest  expounder.' ' 

In  all  his  speeches  the  reader  will  perceive  the  characteristics  of 
a  bold,  frank,  and  honourable  man.  Fearless  and  independent  in 
the  assertion  of  principles  which  he  approved,  regardless  of  party 
ties  when  they  appeared  to  conflict  with  his  duty,  antiquated  preju 
dices  found  in  him  a  determined  foe,  and  official  incapacity  stood 
aghast  at  the  freedom  of  his  denunciations.  His  speeches  show  that 
he  is  evidently  a  man  of  strong  and  original  powers,  self-reliant, 
abundant  in  resource,  and  possessed  of  that  intrepid  moral  courage 
which  never  shrinks  from  the  performance  of  duty  nor  refrains  from 
doing  what  is  right.  He  fears  no  one,  nor  the  opinions  of  any  one. 
The  coolness  and  self-possession  for  which  he  is  so  remarkable  in 
action  never  fail  him  in  the  deliberations  of  the  council-chamber. 

After  the  election  of  Commodore  Stockton  to  the  Senate,  his 
•name  was  frequently  mentioned  in  prominent  papers  among  those 
of  the  candidates  for  the  Presidency.  Many  of  his  friends  felt  con 
fident  that  he  would  be  nominated  by  the  Democratic  Convention 
of  1852.  Nothing  which  fell  from  him,  however,  indicated  any  such 
aspirations.  No  efforts  were  made  by  him  to  secure  a  delegation 
from  New  Jersey  to  the  Baltimore  Convention  favourable  to  that  ob 
ject.  That  would  have  required  no  serious  exertions  to  accomplish 
had  he  really  evinced  any  desire  to  become  a  candidate.  His  ex 
perience  of  public  life  at  Washington  inspired  him  with  no  ambition 
for  the  Presidency.  The  delegation  from  New  Jersey  was  composed 
-of  five  delegates  friendly  to  his  nomination,  and  two  opponents. 
The  vote  of  the  State  could,  therefore,  have  been  given  to  him  if  he 
would  have  consented  to  be  a  candidate.  A  majority  of  the  dele 
gates  called  upon  him  previous  to  the  meeting  of  the  Convention, 
and  tendered  their  support.  But,  so  far  from  consenting  to  the  in 
troduction  of  his  name,  he  extracted  from  them  a  promise  not  to 
name  him  for  the  Presidency  in  any  event.  The  Democratic  mem 
bers  of  the  Legislature  of  New  Jersey  had  subscribed  a  paper  avow 
ing  their  preference  for  him  as  a  Presidential  candidate.  This  paper. 


HIS   OPINION   OF   POLITICAL   NATIONAL   CONVENTIONS.         195 

In  conformity  with  his  wishes,  was  never  published.  There  are 
many  good  reasons  to  believe  that  had  he  been  brought  forward  at 
that  Convention  as  a  candidate  he  would  have  received  the  nomina 
tion.  On  the  day  before  the  nomination  of  General  Pierce,  a  com 
mittee  of  his  friends  waited  on  him  and  urgently  solicited  his  con 
sent  to  have  his  name  presented  by  the  New  Jersey  delegation. 
They  expressed  the  utmost  confidence  in  his  nomination,  even  at  that 
late  hour,  were  it  known  that  he  was  a  candidate.  He,  however, 
peremptorily  refused  to  sanction  any  such  course. 

During  the  spring  of  1852  he  was  indirectly  approached  by  vari 
ous  parties  to  ascertain  what  would  be  his  probable  course  if  elected 
President.  To  all  such  parties  his  invariable  response  was,  that  he 
did  not  want  to  be  President,  that  the  office  was  neither  consistent 
with  his  happiness  or  his  interests,  but  that  if,  notwithstanding  he 
declined  to  be  a  candidate,  it  should  so  happen  that  he  were  nomi 
nated  and  elected,  he  intended  to  go  into  the  office  unpledged,  uncom- 
promised,  and  entirely  independent.  Doubtless,  the  declaration  of 
such  manly  and  patriotic  sentiments  repelled  from  his  support  those 
whose  chief  object  in  the  selection  of  a  candidate  was  to  find  a  man 
who  would  use  the  public  patronage  for  the  advancement  of  their 
interests. 

That  the  Commodore  refused  to  permit  his  friends  to  submit  his 
name  to  the  Convention  may  also  be  ascribed  to  another  reason. 
He  is  said  to  be  of  the  opinion  that  these  National  Conventions  which, 
of  late  years,  have  dictated  to  the  people  the  candidates  for  whom 
alone  practically  they  could  vote,  are  usurpations  of  the  popular 
prerogative  ;  that  they  are  the  machinery  of  a  more  aristocracy  of 
political  leaders,  constituted  for  the  purpose  of  controlling  and  sub 
jecting  the  popular  will  instead  of  truly  and  honestly  reflecting 
and  obeying  it.  The  delegations  from  some  of  the  States  often  neces 
sarily  represent  but  a  minority  of  the  people ;  yet  such  delegations 
are  permitted  to  enjoy  an  equal  vote  with  the  delegations  of  other 
States  which  represent  actual  and  often  large  majorities.  The  fun 
damental  principles  of  republican  equality  are,  therefore,  violated 
in  all  such  conventions.  The  people  only  are  the  rightful  sources 
of  authority  and  power,  and  from  the  people  only  should  emanate 
the  controlling  voice  which  should  determine  the  election  of  the 
chief  magistrate  of  the  Republic.  The  present  system  of  National 
Conventions  has  become  (as  the  old  Congressional  Presidential 
caucus  was  before  it)  a  mere  instrument  of  cliques  of  politicians,  to 
control  and  use  the  patronage  and  offices  of  the  Government.  The 
abolition  of  the  system  is  only  a  question  of  time.  It  will  be 


196  HIS    OPINION   OF   PRESIDENTIAL   DUTIES. 

abolished  as  soon  as  the  people  discover  the  imposition  by  which 
they  are  at  present  subjugated  to  work  out  the  will  and  pleasure  of 
a  few  men  of  corrupt  and  grasping  ambition.  The  people  only  sub 
mit  to  it  because,  with  good-natured  credulity,  they  have  believed 
that  Conventions  were  what  they  profess  to  be — their  humble 
servants. 

Whatever  may  have  been  the  cause,  there  is  no  doubt  of  the  fact 
that  the  Commodore  did,  in  the  most  peremptory  terms,  refuse  to 
permit  the  New  Jersey  delegation  to  submit  his  name  as  a  candidate 
to  the  Convention.* 

Whether  the  proper  inference  from  this  reluctance  on  his  part,  in 
1852,  to  be  made  a  candidate  is,  that  he  has  no  ambition  for  the 
Presidency,  we  know  not.  But  we  do  know  that  on  various  occa 
sions,  for  several  years,  he  has  suppressed,  rather  than  encouraged, 
the  efforts  of  his  friends  to  make  him  a  candidate  for  the  Presidency. 

He  has  been  heard  frequently  to  say  that  the  responsibilities  of  a 
President  are  of  such  magnitude  that  no  man  ought  to  seek  them ; 
that  the  office  could  add  nothing  to  his  happiness  or  that  of  his 
family ;  that  it  is  a  position  in  which  the  performance  of  duty  might 
require  a  man  to  offend  his  friends  and  do  violence  to  his  own  feel 
ings  of  clemency  and  generosity;  that  it  is  hardly  possible  for  a 
President  to  do  justice  to  the  people  and  the  country  and  not  offend 
the  politicians,  or  to  obtain  the  support  of  the  latter  and  faithfully 
perform  his  duties  to  the  former ;  and  that  no  man  is  fit  for  the 
office  who  is  not  willing  to  brave  every  danger,  encounter  all  injus 
tice,  and  incur  every  aspersion  fearlessly  in  doing  what  is  right; 
that,  entertaining  these  opinions,  he  does  not  consider  the  office  of 
President  a  position  to  be  coveted  by  any  man,  while  it  is  the  duty 
of  most  men  who  are  incompetent  to  fill  it  properly,  promptly  to  de 
cline  it  when  its  acceptance  must  prove  detrimental  to  themselves  as 
well  as  their  country. 

It  will  be  perceived,  from  these  opinions,  that  he  does  not  agree 
with  Mr.  Lowndes  and  General  Jackson  in  the  sentiment  originally 
uttered  by  the  former: — "that  the  Presidency  should  neither  be 
sought  nor  declined.'''  He  is  of  opinion  that  it  is  the  duty  of  every 
true  patriot  and  honest  man  to  decline  that  position  if  he  does  not 
believe  himself  to  be  capable  of  discharging  its  duties  honourably 
to  himself  and  justly  and  faithfully  to  the  country 

Whatever  may  be  his  own  views  respecting  his  qualifications  for 

*  We  have  collected  several  extracts  from  the  papers  of  1852,  indicative  of  the 
general  desire  in  many  quarters  for  the  nomination  of  Commodore  Stockton.  See 
Appendix,  page  50. 


RESIGNS  HIS  SEAT  IN  THE  SENATE.  197 

the  office  of  President,  it  is  not  to  be  questioned  that  numbers  in 
all  sections  of  the  country  believe  him  to  be  eminently  qualified  for 
that  position.  That  he  possesses  administrative  as  well  as  executive 
talents  of  a  high  order  cannot  be  doubted ;  and  that  his  moral  in 
tegrity  is  of  that  lofty  standard  which  distinguished  the  era  of 
Washington,  must  be  felt  and  confessed  by  all  who  know  the  man. 

The  future  historian  of  this  age  of  the  Republic,  should  he  fail  to 
find  the  name  of  Stockton  on  the  roll  of  Presidents,  will  not  ascribe 
its  absence  there  to  his  deficiency  in  the  highest  qualifications;  he 
will  rather  ascribe  it  to  the  demoralizing  influence  of  faction,  which 
seeks  its  own  gratification  at  the  expense  of  the  public  welfare,  and 
recoils  with  instinctive  aversion  from  the  patriot  who  would  make 
virtue  and  honour  and  talents  the  criteria  of  promotion  to  office. 

Near  the  close  of  the  second  session  of  Congress  after  his  elec 
tion,  Commodore  Stockton,  notwithstanding  the  most  earnest  re 
monstrances  of  his  friends,  resigned  his  seat  in  the  Senate.  He  had 
been  sufficiently  long  at  "Washington  to  ascertain  that  the  turmoil 
of  political  life  there  had  no  charms  for  him,  compared  with  those 
of  private  life. 

His  retirement  was  universally  regretted  by  the  members  of  the 
distinguished  body  in  which,  during  his  short  term  of  service,  he 
had  occupied  so  distinguished  a  position.  During  that  term  he  cer 
tainly  surpassed  the  expectations  of  his  most  sanguine  friends.  He 
acquired  a  reputation  as  a  statesman  and  a  senator  commensurate 
with  his  fame  as  a  naval  commander. 

His  resignation  was  imputed  by  some  to  an  expectation  of  receiv 
ing  an  invitation  to  enter  the  Cabinet  of  Mr.  Pierce.  There  were 
never  any  grounds  for  such  an  imputation.  Public  opinion  did  in 
deed  manifest  itself  very  distinctly  in  favour  of  his  being  assigned 
the  post  of  Secretary  of  the  Navy.*  But,  disapproving,  as  it  is  well 
known  he  did,  the  principles  indicated  by  the  formation  of  the  ad 
ministration,  it  is  not  likely  that  he  would  have  been  willing  to 
accept  any  such  appointment.  Certainly,  if  he  had  entered  the 
Cabinet  of  Mr.  Pierce,  its  course,  both  with  respect  to  foreign 
and  domestic  affairs,  would  have  been  different  from  the  policy  pur 
sued,  or  else  the  Commodore  would  soon  have  abandoned  it. 

*  See  Appendix. 


198  STATE    OF    PARTIES    IN  1854, 


CHAPTER  XV. 

STATE     OF     PARTIES     IN     1854 THEIR     THREATENED     DISSOLUTION  —  THE     AMERICAN 

PARTY — MOTIVES  FOR  THE  REPEAL  OF  THE  MISSOURI  RESTRICTION — COMMODORE 
STOCKTON'S  OPINIONS  OF  THE  REPEAL — POLITICAL  OPINIONS  ON  OTHER  SUBJECTS 
— HIS  SPEECH  AT  TRENTON — ENCOMIUM  ON  MR.  WEBSTER — MISREPRESENTATION 
OF  THE  SPEECH — THE  SENTIMENTS  OF  THE  SPEECH  NOW  GENERALLY  APPROVED 
— THE  AMERICAN  MOVEMENT — COMMODORE  STOCKTON'S  AMERICAN  LETTER. 

SINCE  the  resignation  of  his  seat  in  the  Senate  of  the  United 
States,  Commodore  Stockton  has  not  taken  any  active  part  in 
political  affairs. 

As  an  original  advocate  of  the  Compromise  measures  of  1850, 
however,  it  has  been  known  that  he  disapproved  the  manner  in 
which  the  friends  of  those  measures  have  been  treated  by  the 
administration. 

The  maintenance  and  advocacy  of  those  measures,  as  a  final  set 
tlement  of  the  sectional  question  which  has  so  long  agitated  the 
country,  brought  General  Pierce  into  power.  It  was  hoped  and 
believed  that  his  administration  would  be  national ;  but,  from  its 
inception,  sectional  partisans  were  particularly  the  objects  of  Presi 
dential  favour.  The  peculiar  friends  of  Mr.  Van  Buren  at  the 
North  and  the  most  strenuous  champions  of  secession  at  the  South 
were  admitted  to  his  confidence. 

The  Presidents  discovered,  in  1854,  that  he  had  alienated  and  dis 
gusted  the  greater  part  of  those  to  whose  support  he  was  indebted 
for  his  election.  He  perceived  that  he  had  lost  the  South,  and  that 
the  entire  party  which  had  elected  him  was  in  imminent  danger  of 
dissolution. 

The  Whig  party,  it  was  pretty  generally  understood,  was  broken 
up.  It  had,  therefore,  ceased,  by  its  antagonism,  to  operate  on  the 
cohesion  of  the  Democratic  party.  As  in  1824,  after  the  Federal 
party  became  extinct,  the  Democratic  party  separated  into  hostile 
fragments ;  so  in  1854,  for  the  want  of  a  national  opponent,  its 
disorganization  seemed  inevitable. 

The  political  managers,  whose  secret  intrigues  had  procured 
the  nomination  of  President  Pierce  in  1852,  became  alarmed  with 
the  prospect  of  a  change  of  administration  in  1856.  Aspirants 


REPEAL   OF   THE   MISSOURI    COMPROMISE.  199 

for  the  Presidency  also  (including  the  present  incumbent)  foresaw 
in  the  dissolution  of  parties,  helped  on  by  the  unpopularity  of  the 
administration,  their  probable  inability  to  control  the  people  in  the 
choice  of  a  President  in  1856. 

The  American  sentiment  of  the  country  had  been  outraged  by 
the  marked  distinction  with  which  citizens  of  foreign  birth  had  been 
preferred  by  the  President ;  and  a  great  American  party  had  arisen 
which  threatened  to  absorb  all  other  party  organizations. 

To  check  the  growth  of  this  new  party,  and  to  consolidate  the 
South  in  support  of  the  President,  or  some  nominee  of  his  party,  a 
scheme  was  formed  to  revive  the  anti-slavery  agitation. 

The  REPEAL  of  the  MISSOURI  RESTRICTION  it  was  thought  would 
accomplish  these  objects.  The  scheme  was  bold  and  ingenious  ; 
and,  though  its  injustice  and  immorality  cannot  be  palliated  or 
denied,  it  must  be  pronounced  one  of  the  most  dexterous  political 
movements  ever  made  in  the  history  of  American  parties.  It  was 
calculated  that  the  South  would  be  unable  to  resist  so  seductive  an 
offer.  It  was  supposed,  too,  that  the  national  men  in  the  free 
States,  who  were  committed  in  favour  of  popular  sovereignty  in  the 
territories,  might  be  induced  to  approve  the  repeal,  while  large 
masses  of  others  would  be  controlled  by  party  discipline. 

The  Missouri  restriction  was  repealed  upon  the  ground  that  it 
was  an  unconstitutional  exercise  of  power  by  Congress. 

Though  originally  a  Southern  measure,  by  means  of  which  the 
admission  of  Missouri  as  a  State  of  the  Union  had  been  secured, 
yet  the  prevailing  opinion  at  the  South  was,  that  the  Missouri  Com 
promise  was  unconstitutional. 

The  issue,  therefore,  tendered,  was,  Should  an  unconstitutional 
law  be  sustained  ? 

The  free  States,  however,  have,  for  the  most  part,  declined  the 
issue  so  adroitly  presented.  The  novelty  of  deciding  the  constitu 
tionality  of  a  law  by  a  Presidential  election  has  had  few  advocates 
in  those  States. 

If  the  restriction  were  unconstitutional,  it  constituted  no  impedi 
ment  to  the  extension  of  slavery.  It  was  obviously  the  province 
of  those  who  held  that  doctrine  to  test  its  soundness  by  a  case  in 
the  courts. 

But  it  is  well  understood  that  the  Missouri  Compromise  was  a 
bargain  for  the  sake  of  peace,  without  any  reference  to  the  ques 
tion  of  its  constitutionality. 

The  calculations  of  the  President  and  his  friends  respecting  the 
effect  of  the  repeal  upon  the  South  do  not  appear  to  have  been 


200  STOCKTON'S  OPINION  OF  THE  REPEAL. 

erroneous.  But  they  did  not  estimate  so  nicely  its  effect  in  the  free 
States.  There  it  has  been  almost  universally  considered  as  a  gross 
breach  of  faith. 

Whatever  may  be  the  course  of  professional  politicians  in  those 
States,  the  people  generally  cannot  be  persuaded  to  approve  a  mea 
sure  which  they  look  upon  as  an  indignity  offered  to  them  for  the 
purpose  of  securing  a  sectional  triumph. 

Commodore  Stockton  has  not  been  called  upon  to  express  his 
opinions  on  this  subject;  but  it  is  known  in  New  Jersey  and  Phila 
delphia  that,  from  the  beginning,  he  considered  it  as  an  insult  to  the 
free  States,  as  well  as  a  violation  of  a  compact  founded  on  honour 
and  good  faith.  The  Missouri  Compromise  he  viewed  as  an  honour 
able  adjustment  of  a  dangerous  question.  There  were  no  reasons 
for  its  abrogation,  which  were  not  known  when  it  was  established. 
The  pro-slavery  and  the  anti-slavery  sections  were  equally  bound  in 
honour  to  adhere  to  that  settlement.  The  South  had  received  and 
were  in  the  enjoyment  of  the  consideration  of  the  bargain.  Its 
obligation,  resting  in  honour,  good  faith,  and  political  comity,  was 
not  to  be  impeached  by  questioning  its  conformity  to  the  Constitu 
tion.  If  unconstitutional,  it  was  no  restriction  in  conflict  with  the 
rights  of  any  section.  Its  unconstitutionally  might  at  any  time 
be  tested  in  the  Supreme  Court.  It  was  a  treaty  of  peace  between 
the  two  great  sections  of  the  Republic,  which  could  not,  without 
the  violation  of  plighted  faith,  be  disturbed,  unless  with  the  univer 
sal  consent  of  the  country. 

The  abstract  doctrine  of  non-intervention,  which  he  so  ably  vindi 
cates  in  his  letter  to  Mr.  Webster,  has  therefore  nothing  to  do  with, 
and  is  not  in  any  degree  involved  in,  the  question  as  to  the  justice 
and  expediency  of  the  repeal  of  the  Missouri  Compromise.  We 
have  no  authority  for  defining  the  position  of  Commodore  Stockton 
on  this  or  any  other  subject ;  and,  in  what  we  have  said  in  relation 
to  his  opinions  on  the  Missouri  Compromise,  we  have  only  stated 
what  are  the  views  imputed  to  him  by  those  leading  gentlemen 
among  his  friends  in  New  Jersey,  who,  from  their  connection  with 
him,  are  likely  to  possess  a  correct  knowledge  of  his  sentiments. 

After  perusing  the  speeches  and  letters  which  will  be  found  in  the 
sequel  to  these  pages,  the  reader  will  know  pretty  accurately  what 
are  the  opinions  of  Commodore  Stockton  on  most  questions  of 
national  importance.  He  has  never  been  very  scrupulous  about 
saying  what  he  thought  on  all  subjects  which  he  has  at  any  time 
discussed. 

Even  when  the  sycophants  of  extreme  opinions  were  proclaiming 


HIS   VIEWS   ON   PROTECTION".  201 

free  trade  to  be  the  only  standard  of  Democratic  orthodoxy  with 
regard  to  the  tariff,  he  freely  avowed  those  liberal  and  national 
doctrines  on  that  subject  which  were  held  by  the  Democratic  party 
in  1828-29  upon  the  advent  to  power  of  General  Jackson.  Stock 
ton  has  always  held  that  the  true  national  policy  consisted  in  ren 
dering  the  United  States  entirely  independent  of  other  countries 
for  all  those  products  and  manufactures  which  were  necessary  or 
useful  for  purposes  of  naval  or  military  defence.  He  has  on  this 
account  always  advocated  ample  protection  to  the  production  and 
fabrications  of  iron.* 

He  has  also  maintained  that  of  all  other  interests  those  of  Ame 
rican  labour  were  those  which  had  the  best  right  to  national  encou 
ragement,  on  account  not  only  of  their  superior  magnitude  and 
importance,  but  because  of  the  obligation  resting  on  the  Govern 
ment  to  foster  and  protect  them  as  the  only  true  foundation  of 
national  wealth  and  prosperity. 

On  the  subject  of  encouraging  internal  improvements  by  the 
Federal  Government,  he  likewise  occupies  the  Jacksonian  ground. 
Works  of  a  national  character,  such  as  the  improvement  of  the 
Mississippi  and  Ohio,  and  the  Atlantic  rivers  as  high  as  tide-water 
ebbs  and  flows,  he  believes  entitled  to  national  assistance. 

Upon  the  question  of  preserving  intact  and  unimpaired  the  re 
served  rights  of  the  States  and  of  the  people,  his  opinions  are  on 
record  in  the  most  explicit  form.  Indeed,  the  preservation  of  the 
Union  he  considers  dependent  on  the  undiminished  plenitude  of 
State  and  popular  rights,  as  they  were  left  or  adjusted  by  the  Con 
stitution  when  it  came  fresh  from  the  hands  of  the  patriots  who 
formed  it.  The  disregard  of  reserved  rights  by  the  National  Go 
vernment — any  attempt  on  its  part  to  assume  powers  not  granted, 
if  acquiesced  in — would  unquestionably  lead  to  oppression  and  in 
justice  by  tyrannical  majorities,  resistance  to  which  would  involve 
civil  war  and  disruption  of  the  confederacy. 

In  the  spring  of  1852,  Mr.  Webster,  being  in  Trenton  during  the 
session  of  the  Legislature,  was  invited  by  a  joint  resolution  of  both 
houses  of  that  body  to  a  formal  reception.  It  was  at  a  time  when 
Mr.  Webster  was  the  object  of  severe  denunciation  by  the  opponents 
of  the  Compromise  measures,  and  the  Legislature  of  New  Jersey, 
then  composed  of  a  large  majority  of  Democrats,  embraced  that 
opportunity  to  honour  him  for  his  national  course  with  respect 
to  those  measures. 

*  See  Speech  on  Tariff. 


202  SPEECH    ON   THE   RECEPTION   OF   WEBSTER. 

.  Commodore  Stockton,  having  arrived  in  Trenton  the  evening 
before  the  reception-day,  was  waited  on  by  the  Governor  and  the 
Legislative  committee,  and  invited  to  attend  and  witness  the  cere 
mony.  He  was  present,  therefore,  on  the  occasion  as  an  invited 
guest. 

When  the  reception  had  taken  place  and  Mr.  Webster  had  con 
cluded  his  remarks  in  reply  to  the  address  of  the  president  of  the 
Senate,  the  Commodore  left  the  House  of  the  Assembly  in  com 
pany  with  Mr.  Webster,  though  called  upon  importunately  for  a 
speech.  But,  before  he  had  escaped  from  the  State  Capitol,  several 
of  his  personal  friends  took  him  by  the  arm  and  insisted  that  he 
should  return  and  address  the  audience,  who  were  extremely  de 
sirous  to  hear  him. 

He  accordingly  returned  and  spoke  for  a  few  minutes  in  his  usual 
frank  and  unaffected  manner.  His  remarks  were  reported  by  a 
political  opponent,  who  strangely  tortured  his  language,  or  rather 
caricatured  it,  so  as  to  make  it  as  offensive  as  possible  to  his  politi 
cal  friends.  As  the  Commodore  was  at  this -time  considered  more 
likely  than  any  prominent  man  not  an  avowed  candidate  to  be  the 
choice  of  the  National  Democratic  Convention,  any  political  speech 
of  his  was,  of  course,  seized  with  avidity  by  the  press  and  circu 
lated  without  limit.  The  first  report,  therefore,  got  the  start  of  the 
genuine  article,  and  those  who  secretly  desired  the  nomination  of 
General  Cass,  Mr.  Buchanan,  or  Mr.  Douglas,  or  others,  all 
affected  surprise  and  astonishment  and  regret  that  Commodore 
Stockton  should  have  blasted  his  own  Presidential  prospects. 

The  Commodore  took  the  matter  quite  coolly,  however.  He  had 
no  Presidential  aspirations  which  could  prevent  him  from  expressing 
with  the  most  unbounded  freedom  the  sentiments  of  his  heart  and 
the  conclusions  of  his  understanding.  When  analyzed,  the  objec 
tions  to  this  speech  amount  to  nothing  more  than  objections  to 
his  eulogium  on  Mr.  Webster,  to  his  expression  of  the  sentiment 
"  that  when  the  honour,  welfare,  and  happiness  of  his  country  were 
at  issue  his  party  robes  hung  loosely  on  his  shoulders,"  and  to  his 
avowal  that  American  labour  was  entitled  to  protection. 

In  the  appendix  to  these  pages  will  be  found  his  remarks  on  the 
death  of  Mr.  Webster  in  the  Senate,  in  the  course  of  which  he 
reminded  senators  (some  of  whom,  doubtless,  had  lifted  up  their 
eyes  in  serious  horror  at  the  Trenton  speech)  that  he  dared  to  say 
of  Mr.  Webster  when  alive  what  so  many  senators  were  now  anx 
ious  to  say  when  he  was  dead.  It  was  a  rebuke  which  was  felt  and 

*  See  Appendix  E. 


HIS  FRIENDSHIP  FOR  WEBSTER.  203 

appreciated  by  all  who  heard  this  last  tribute  of  Stockton  to  his 
departed  mend. 

Mr.  Webster  had  been  the  friend  of  the  Commodore's  father  for 
twenty  years  ;  he  had  been  his  friend  also  for  near  forty  years  ;  he 
had  been  his  counsel  in  important  suits,  involving  his  conduct  as  an 
officer  as  well  as  his  fortune ;  their  social  intercourse,  frequent  and 
cordial,  had  never  suffered  any  interruption,  though  their  political 
associations  had,  for  the  most  part,  been  adverse.  Under  these  cir 
cumstances,  had  the  Presidency,  during  life,  depended  on  his  ab 
staining  from  rendering  to  Mr.  Webster  the  homage  of  his  heart 
whenever  he  spoke  of  him,  Stockton  would  have  spoken  all  the 
generous  feelings  which  he  cherished  towards  him  with  the  same 
unrestrained  freedom  that  he  spoke  at  Trenton. 

The  sentiments  which  Stockton  expressed  with  regard  to  Web 
ster  are  the  sentiments  of  the  nation ;  of  every  honest  man  and 
patriot  who  loves  the  Constitution,  (of  which  Webster  earned  the 
title  of  DEFENDER  ;)  of  every  friend  of  the  Union,  of  which  Mr. 
Webster  was  the  champion  in  its  hours  of  greatest  peril.  No  man, 
Whig  or  Democrat,  can  be  a  sincere  friend  to  the  Constitution  and 
the  Union  and  not  feel  grateful  to  Mr.  Webster  for  the  courage  and 
ability  which  he  always  manifested  in  their  defence.  Ignoble,  nar 
row-minded,  and  mole-eyed  political  opponents  may  delight  to 
dwell  on  Mr.  Webster's  points  of  difference  with  the  Democratic 
party,  and  may  still  cherish  some  of  those  feelings  of  animosity 
towards  him  which  they  felt  in  former  days  of  partisan  contro 
versy;  but  the  generous,  high-minded  American,  to  whatever  party 
he  may  belong,  proud  that  his  country  produced  an  intellectual 
giant  of  Mr.  Webster's  mental  power,  would  much  prefer  to  remem 
ber  his  achievements  "for  the  country  and  the  whole  country," 
when  he  stood  up  the  champion  of  the  Union  against  nullification ; 
when,  in  that  conflict,  he  stood  side  by  side  with  Andrew  Jackson 
"and  felt  his  own  great  arm  lean  on  him  for  support;"*  when  he 
negotiated  the  Ashburton  Treaty ;  when  he  forever  crushed  and 
annihilated  the  British  pretension  of  search  on  American  ships ; 
and  when,  hoary  with  age  and  crowned  with  honours,  tottering  on  the 
brink  of  eternity,  on  the  7th  of  March,  1850,  he  sacrificed  himself 
in  the  service  of  his  country  to  the  remorseless  Moloch  of  sectional 
faction  which,  with  relentless  ferocity,  « tracked  his  steps  of  glory 
to  the  grave." 

As  to  the  sentiment  that,  when  the  honour  and  welfare  of  the 

*  Webster's  Speech  in  the  Senate,  Jan.  26,  1830. 


204  STOCKTON'S  INTREPIDITY. 

country  are  concerned,  his  party  robes  hang  loosely,  no  man  who 
can  understand  his  meaning  will  controvert  the  justice  and  propriety 
of  the  declaration.  No  good  citizen  will  deny  that,  where  his  duty 
to  the  country  comes  in  conflict  with  partisan  opinions  or  measures, 
the  obligations  of  duty  are  paramount ;  nay,  the  most  rancorous 
and  pharisaical  devotee  of  party  politics  will  not  dare  to  say  that 
party  allegiance  is  superior  to  the  allegiance  of  the  citizen  to  the 
country.*  But  nevertheless,  not  withstanding  the  soundness  of  the 
principle,  political  empirics  affected  to  be  shocked  with  the  declara 
tion  of  the  principle  at  the  time.  And  this  well  illustrates  the  dif 
ference  between  Commodore  Stockton  and  ordinary  politicians. 

They  would  often  suppress  their  acknowledgment  of  a  correct 
principle  for  fear  that  it  might  prove  injurious  to  their  prospects. 
Stockton  will  not  shrink  from  the  avowal  of  such  a  principle  on  the 
proper  occasion,  no  matter  what  may  be  the  consequences  to  him 
self  personally. 

Courage — undaunted  intrepidity,  which  is  incapable  of  any  thing 
like  fear — is,  perhaps,  the  most  distinguishing  trait  of  Commodore 
Stockton.  This  defiant  courage  makes  him,  in  relation  to  his  po 
litical  course,  as  daring  and  as  chivalrous  as  he  is  in  the  field.  In 
relation  to  action  in  the  field,  whether  with  the  enemy  of  his  coun 
try  or  his  own  personal  foe,  the  reader  will  perceive  in  this  narra 
tive  of  his  career  that  wherever  danger  was  visible,  Stockton  ad 
vanced  to  meet  it.  He  never  waits  passively  to  be  placed  on  his 
defence,  but  is  always  the  assailant.  He  approaches  danger ;  he 
does  not  wait  to  be  approached  by  it.  He  prefers  storming  his 
adversary's  position  to  being  besieged  behind  his  own  ramparts. 

When,  therefore,  in  the  course  of  his  political  life,  he  has  medi 
tated  a  movement  which  he  was  convinced  was  right,  but  which 
others  would  naturally  pronounce  fatal  to  his  imputed  political 
aspirations,  we  do  not  doubt  that,  independently  of  the  gratifica 
tion  of  doing  what  he  considered  right,  the  risk  to  be  encountered 
rather  increased  the  charm  with  which  duty  irresistibly  drew  him 
on  in  the  path  to  which  she  pointed. 

From  this  it  appears  that,  although  he  loves  glory,  yet  the 
glory  which  he  worships  is  the  glory  of  doing  right — the  glory 
of  performing  his  duty  and  his  whole  duty.  He  did  not,  therefore, 
when  he  gave  aid  and  comfort  to  the  Native  Americans  of  Phila 
delphia  in  1845,  do  so  for  popularity  or  political  effect.  He 
espoused  their  cause  because  he  thought  it  right ;  and  he  never 

*  See  Speech  in  Appendix. 


THE   DEMOCRATIC   AND   AMERICAN    PARTIES.  205 

shrunk,  under  any  circumstances,  from  avowing  his  concord  with 
them.  In  his  speech  of  December  31,  1847,  before  a  promiscuous 
assembly  of  men  of  all  parties,  we  find  him  boldly  proclaiming  the 
tenets  of  the  Americans,  and  challenging  for  them  the  assent  of  all 
present.  He  avowed  them  then  because  he  believed  them  to  be 
right — not  because  they  were  the  creed  of  a  party. 

In  1854,  when  the  probability  of  his  being  the  Democratic  nomi 
nee  of  the  Cincinnati  National  Convention  to  assemble  in  June, 
1856,  was  quite  as  great  as  that  any  one  else  would  be  nominated, 
we  find  him  again,  as  soon  as  he  was  interrogated,  fearlessly  de 
claring  his  assent  to  the  principles  which  he  had  before  approved. 
In  doing  this  he  disavows  no  opinions  or  principles  which  he  has 
heretofore  advocated.  When  these  opinions  were  thus  reiterated 
by  him,  it  was,  indeed,  indicated  by  the  general  sentiment  developed 
throughout  the  country  that  the  Democratic  party  would  feel  con 
strained  to  adopt  them. 

Sympathizing,  as  that  party  generally  does,  with  the  highest- 
toned  and  most  radically  patriotic  emotions,  and  generally  conform 
ing  to  the  will  of  the  masses,  the  politicians  found  it  necessary  to 
make  great  efforts  to  prevent  its  becoming  Americanized. 

The  administration  came  to  their  aid  by  the  repeal  of  the  Mis 
souri  Kestitution. 

As  one  irritant  is  applied  by  physicians  to  correct  another,  so  the 
excitement  produced  by  the  abrogation  of  the  Missouri  Compromise 
checked  and  superseded  the  excitement  produced  by  the  first  demon 
strations  of  the  American  party. 

The  opponents  of  the  repeal,  the  remnants  of  the  Whig  party  and 
other  sectional  organizations  in  New  England,  rushed  impetuously 
into  the  American  lodges  and  took  possession  of  them.  They  sought 
to  make  the  American  party  auxiliary  to  the  sectional  controversy 
now  revived.  These  circumstances,  together  with  the  preponder 
ance  of  the  foreign  element  in  the  Democratic  party,  effectually 
arrested  any  further  open  demonstrations  in  its  ranks  in  favour  of 
the  American  movement. 

It  is  not  improbable  that  if  it  had  not  been  for  these  extraordi 
nary  causes  the  Democratic  party  could  not  have  been  forced  by  its 
leaders  to  commit  itself  so  precipitately  against  the  Americans.  It 
might  have  been  persuaded  temperately  and  judiciously  to  have  con 
sented  to  the  reform  or  modification  of  some  of  those  laws  of  which 
the  Americans  complain,  and,  under  happier  auspices,  an  adjustment 
of  the  great  national  questions  which  the  American  party  have 


206          STOCKTON'S  AVOWAL  OF  AMERICAN  PRINCIPLES. 

raised  might  have  been  effected  without  the  struggle  which  it  must 
QOW  cost. 

It  remains  to  be  seen  whether  the  leaders  and  tacticians  of  the 
Democratic  party  have  not  merely  postponed,  instead  of  having  de 
feated,  the  success  of  the  Americans.  It  may  well  be  doubted 
whether  those  politicians  have  not  miscalculated  the  strength  of 
party  drill  and  cohesion,  and  whether  they  can  prevent  the  great 
body  of  the  Democratic  masses  from  falling  into  the  American  ranks 
under  a  suitable  leader. 

Whatever  may  be  the  present  aspect  of  the  American  party,  its 
ultimate  success  admits  of  no  doubt.  It  is  absurd  to  suppose  that 
the  people  of  the  United  States  will  much  longer  tolerate  the  parti 
cipation  of  their  sovereignty  with  those  hordes  of  incompetent  aliens 
annually  swarming  to  our  shores.  Human  nature  is  incapable  of 
persistence  in  such  folly.  It  is  inconsistent  with  the  principle  of 
self-preservation — the  highest  of  all  laws. 

Commodore  Stockton,  when  he  avowed  his  American  opinions, 
neither  knew  (nor,  we  suppose,  did  he  care)  whether  the  Whig, 
Democratic,  or  any  other  party,  concurred  with  him.  He  avowed 
them  because  he  entertained  them,  and  because  he  believed  them  to 
be  right.  In  doing  this  he  probably  never  calculated  the  conse 
quences  to  himself,  and,  if  he  did,  it  was  to  disregard  them.  He  acted 
with  the  same  boldness  as  when  in  the  Senate,  the  youngest  member 
of  that  body,  he  stood  up  first  and  declared — what  no  senator  before 
him  had  the  courage  to  do,  (in  relation  to  the  Kossuth  excitement,) 
— that  war  with  Russia,  on  account  of  Hungary,  was  a  Utopian  idea ; 
that  it  was  utterly  impracticable.  This  declaration,  though  it 
startled  his  auditors,  found  an  echo  in  the  common  sense  of  every 
senator.  And  so,  likewise,  whatever  professional  party  men  may 
now  say,  the  American  sentiments,  and  the  high  patriotic  tone  of 
the  following  letter,  addressed  to  a  committee  of  Americans,  will 
find  an  echo  in  all  true  American  hearts ;  and  they  will  honour  and 
respect  the  author,  however  circumstances  may  render  it  expedient 
that  they  should  now  appear  to  differ  ivith  him : — 

LETTER  OF   COMMODORE   STOCKTON  TO  THE  AMERICANS   OF   TRENTON. 

"  TRENTON,  November  13,  1855. 

«HoN.  R.  F.  STOCKTON,  Princeton: 

«  DEAR  SIR  : — The  Americans  of  Trenton  intend  to  hold  a  meet 
ing  on  Friday  evening,  the  16th  inst.,  to  celebrate  the  recent  vic 
tories  of  the  American  party  in  California,  New  York,  Massachu- 


REPLY   TO    TRENTON   COMMITTEE    OF   INVITATION.  207 

setts,  and  Maryland,  and  to  commemorate  the  principles  of  the 
American  party. 

« It  is  well  known  that  you  have  for  years  approved  these  prin 
ciples  ;  therefore,  you  are  earnestly  invited  to  be  present  and  to 
address  your  fellow-citizens  on  that  occasion. 

"  With  great  respect,  your  obedient  servants, 

«E.  H.  GRANDIN, 
"  RICHD.  BRANDT, 
«  HENRY  C.  FURMAN, 
«  CHAS.  M.  WHITTAKER, 
"J.  C.  LANGSTINE, 

.  R.  BURNS, 
"Committee  of  Invitation" 


'  PRINCETON,  November  14,  1855. 

"  To  MESSRS.  E.  H.  GRANDIN,  RICHARD  BRANDT,  HENRY  C.  FUR- 
MAN,  CHARLES  M.  WHITTAKER,  J.  C.  LANGSTINE,  WILLIAM  R. 
BURNS,  Committee  of  Invitation : — 

"  GENTLEMEN  : — I  am  informed  by  your  letter  of  yesterday,  that 
a  meeting  is  to  be  held  at  Trenton  on  Friday,  the  16th  instant, 
commemorative  of  the  principles  of  the  American  party.  You  also 
say  <  that  it  is  well  known  that  you  have  for  several  years  approved 
those  principles,  therefore  you  are  earnestly  invited  to  be  present 
and  to  address  your  fellow- citizens  on  that  occasion.'  I  thank  you 
for  the  invitation,  although  previous  engagements  will  prevent  my 
being  present. 

"  I  am  unwilling,  however,  to  permit  the  occasion  to  pass  without 
expressing  my  entire  concurrence  in  the  patriotic  principles  of  the 
American  party,  which  have  had  for  so  many  years  the  approval  of 
my  head  and  heart.  They  are 

"First.   The  Constitution  with  its  Compromises. 

"  Second.  The  preservation  of  the  Union  at  all  hazards. 

"Third.  The  naturalization  laws  should  be  abolished  or  essentially 
modified. 

"Fourth.  Americans  alone  should  rule  America.  They  only  should 
be  appointed  to  the  high  and  responsible  executive  offices  under  our 
Government. 

«  The  men  of  the  Revolution,  notwithstanding  they  gratefully  ac 
knowledged  the  aid  derived  from  France,  were  fully  sensible  of  the 
dangers  of  foreign  influence.  They  incorporated  in  both  the  Federal 


208  REPLY   TO   TRENTON   COMMITTEE   OF   INVITATION. 

and  State  Constitutions  provisions  carefully  designed  as  barriers 
against  the  influence  of  any  foreign  ingredient  in  the  population. 
The  protracted  war  which  succeeded  the  French  Revolution  power 
fully  affected  the  public  mind  in  the  United  States,  and  political 
parties  were  more  or  less  biassed  in  favour  of  one  or  the  other  belli 
gerent.  It  required  the  whole  weight  of  the  great  Washington's 
character  to  prevent  the  young  republic  from  being  entangled  in 
the  meshes  of  European  politics.  His  wisdom  enabled  him  justly  to 
appreciate  the  desire  which  has  always  characterized  republican 
governments  to  become  more  or  less  subject,  in  one  way  or 
another,  to  foreign  influence.  The  events  of  his  age,  however, 
directed  his  attention  to  the  counteraction  of  that  influence,  exerted 
in  a  different  manner  from  that  in  which  it  now  threatens  our  safety. 
The  foreign  influence  which  justly  alarmed  him  arose  from  the 
sympathy  of  our  people  with  one  or  the  other  of  the  mighty  powers 
who  were  contending,  as  both  claimed  to  be,  for  liberty  and  for 
political  predominance  in  Europe. 

"Washington  did  not  anticipate  that,  in  half  a  century  from  his 
age,  Europe  would  be  brought  within  ten  days'  sail  of  America,  or 
that  within  that  period  half  a  million  of  foreigners  annually  would 
come  to  exercise  the  prerogatives  of  American  sovereigns.  Had 
such  a  state  of  things  been  presented  to  him,  his  warning  voice 
would  have  been  heard  on  the  subject,  and  would  have  inspired  our 
statesmen  with  the  wisdom  and  the  courage  to  avert  the  danger 
which  he  would  have  foreseen.  Such  was  the  jealous  virtue  and 
patriotism  which  distinguished  the  Washington  era,  that,  had  the 
immigration  of  that  period  been  one-tenth  of  what  it  has  now  be 
come,  it  is  more  than  probable  that  no  power  would  have  been 
granted  by  the  people  to  the  Federal  Government  to  enact  any  laws 
of  naturalization. 

"The  evil  is  upon  us  which  Washington  deprecated.  The  evil  is 
radical,  and  the  correction  must  be  equally  radical.  We  must 
awaken  in  the  public  mind  that  sensitive  regard  for  the  preserva 
tion  of  the  Constitution  and  American  liberty  which  inspired  the 
souls  of  those  patriots  who  were  the  counsellors  and  supporters  of 
Washington  and  the  fathers  of  the  country.  The  safety  and  pros 
perity  of  our  institutions  must  be  made  the  cardinal  objects  of  at 
tainment.  The  spoils  of  office,  the  love  of  power,  the  subjection  to 
the  iron  tyranny  of  a  few  political  oligarchs,  must  be  held  in  con 
tempt  in  comparison  with  the  importance  of  securing  these  great 
ends.  The  crafty  engineers  of  political  speculation  see  no  danger, 
and  never  will  see  any,  which  does  not  threaten  to  arrest  their 


KEPLY   TO   TRENTON    COMMITTEE    OF   INVITATION.  209 

profitable  control  of  parties.  The  doctrine  that  'Americans  alone 
should  rule  America,'  designed  to  restore  the  government,  as  it 
was  in  the  days  of  Washington,  to  the  hands  of  'Americans  alone,' 
is  stigmatized  by  the  organized  cabal  of  politicians  who  wield 
the  machinery  for  manufacturing  the  incumbents  of  office,  from 
that  of  the  Presidency  downwards,  as  a  pestilent  heresy,  and 
those  who  hold  to  this  ancient  American  doctrine  are  denounced 
as  traitors. 

"  The  progress  of  events  is  rapidly  bringing  the  country  to  the 
condition  when  but  two  parties  will  contend  with  each  other — 
the  one  the  American  party,  the  other  the  Foreign  party.  The 
American  party  will  seek  the  restoration  of  the  Government  to 
American  control,  such  as  it  was  when  it  came  fresh  from  the 
American  people.  The  Foreign  party  will  seek  to  propitiate  the 
foreign  element,  pander  to  its  insolent  ambition  and  aspiring  pre 
dominance,  contend  for  the  continuance  and  extension  of  its 
privileges,  cringe  with  servility  to  its  dictates,  and  offer  new 
bribes  for  its  friendship.  The  simple  fact  that  the  next  election 
of  a  President  of  the  United  States  may  turn  upon  the  assertion 
or  the  renunciation  by  the  American  people  of  the  doctrine  that 
'Americans  alone  should  rule  America,'  should  be  sufficient  to 
astonish  and  alarm  us.  If  the  doctrine  be  renounced,  it  will  be 
owing  to  the  overpowering  force  of  the  foreign  element  in  our 
population.  The  mighty  power  of  that  element  has  been  gauged 
by  the  astute  politicians  who  are  allied  to  it.  They  have  mea 
sured  its  length  and  breadth,  its  height  and  its  depth,  and  they 
are  willing  to  stake  their  destinies  on  its  omnipotence.  It  was 
the  Pretorian  guards,  composed  of  foreign  mercenaries,  who  put 
up  for  sale  the  imperial  purple  at  Rome;  and  it  is  the  foreign  mer 
cenaries  among  us  who  now  offer  to  the  politicians  who  hold  the 
reins  of  party  sway  the  next  Presidency,  as  the  price  of  favours  to 
be  conferred  on  them  and  privileges  perpetuated  hereafter.  There 
is  no  country — there  never  has  been  any  country — where  such  an 
issue,  if  squarely,  fairly,  and  distinctly  presented  to  the  people, 
could  be  decided  any  other  than  one  way,  and  that  in  favour  of 
the  <  country-born.'  Will  the  people  of  the  United  States  repudi 
ate  a  sentiment  of  this  sort?  They  will  do  no  such  thing.  Already 
they  have  arisen  spontaneously  and  rushed  to  the  standard  in 
scribed  with  the  words,  'The  Americans  shall  rule  America.'  It 
is  vain  for  politicians  to  attempt  to  arrest  the  progress  of  the 
American  party  by  efforts  to  compel  it  to  adopt  portions  of  the 
creeds  which  distinguish  other  parties. 

14 


210  REPLY   TO    TRENTON   COMMITTEE    OF   INVITATION. 

"  It  will  not  thus  be  induced  to  endanger  the  cause  in  which  it 
is  engaged.  The  safety  of  the  people  is  the  supreme  law,  and,  while 
that  safety  is  endangered,  every  thing  else  is  of  subordinate  interest. 
« Place  none  but  Americans  on  guard'  was  the  order  of  Washington 
at  a  crisis  of  imminent  danger. 

"  With  assurances  of  high  regard, 

« I  am  your  friend  and  obedient  servant, 

«  R.  F.  STOCKTON." 


APPENDIX  A. 


Parts  of  the  Report  of  the  Secretary  of  the  Navy,  communicating 
copies  of  Commodore  Stockton's  despatches  relating  to  the  military 
and  naval  operations  in  California. 

NAVY  DEPARTMENT,  February  14,  1849. 

SIR:— In  compliance  with  a  resolution  of  the  Senate  of  the  8th  instant,  I  have 
the  honour  to  communicate  herewith  "  a  copy  of  the  despatch  of  the  5th  of  Feb 
ruary,  1847,  of  Commodore  Robert  F.  Stockton,  commanding  the  forces  of  the 
United  States  in  California,"  together  with  copies  of  "such  other  despatches  of 
Commodore  Stockton  relating  to  the  naval  and  military  operations  in  that  coun 
try  as  have  not  heretofore  been  communicated  to  Congress  and  published." 
I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

J.  Y.  MASOX. 
Hon.  GEORGE  M.  DALLAS, 

Vice-President  of  the  United  States 

and  President  of  the  Senate. 


UNITED  STATES  FRIGATE  CONGRESS, 
BAY  OF  MONTEREY,  September  18,  1846. 

SIR: — I  have  the  honour  to  acknowledge  the  receipt  of  your  despatches  of  the 
15th  of  May,  addressed  to  my  predecessor,  and  sent  by  Passed  Midshipman 
McRae,  who  delivered  them  to  me  on  board  of  this  ship  on  the  night  of  the  7th 
of  September,  soon  after  we  came  to  anchor  in  the  bay  of  "  Santa  Barbara/' 
where  I  stopped  on  my  way  to  this  place  to  take  on  board  a  detachment  of  men 
which  I  left  for  the  defence  of  that  place,  after  we  had  taken  it  on  our  wav  to 
San  Pedro. 

I  am  happy  to  say,  in  answer  to  that  despatch,  that  all  your  instructions  con- 
[tained  therein  had  been  anticipated  and  executed,  and  my  proceedings  forwarded 
[io  you  by  different  routes  two  weeks  before  the  arrival  of  Mr.  McRae — even  that 
part  of  them  suggesting  that  a  messenger  be  sent  across  the  mountains  to  Wash- 
ngton ;  which  messenger  I  hope  you  will  have  seen  and  sent  back  to  me  before 
I  his  can  reach  you. 

I  send  enclosed  the  correspondence  between  General  Castro  and  myself.  I 
lid  not  answer  his  last  letter,  but  by  a  verbal  message,  which  does  not  properly 

Belong  to  history.     We  found  in  and  near  his  camp  ten  pieces  of  artillery six 

in  good  order,  and  four  spiked. 

The  elections  as  far  as  heard  from  have  been  regularly  held,  and  the  proper 
officers  elected.  The  people  are  getting  over  their  first  alarm,  and  our  friends 
pe  not  now  afraid  to  avow  themselves. 

!  General  Castro  and  the  governor  having  collected  at  one  time  so  large  a  force 
Mother,  and  our  remaining  inactive  at  Monterey,  induced  the  belief  that  we 
|-ere  not  willing  to  run  the  hazard  of  a  fight,  and  that  if  we  did  we  must  be 
'eaten.  No  one,  foreigner  or  native,  dared  aid  us  even  with  advice  or  informa- 


2  APPENDIX    A. 

But,  since  Castro  and  the  governor  hare  been  driven  out  of  the  country,  tho 
aspect  of  things  is  changed,  and  all  is  going  on  as  well  as  we  ought  to  desire. 

By  an  intercepted  correspondence  between  the  military  commandant  at  Ma- 
zatlan  and  General  Castro,  it  appears  that  arrangements  were  making  to  send 
troops  into  California,  and  General  Castro  is  strongly  urged  to  destroy  the  "ne 
farious  enemy."  But  it  is  too  late. 

I  take  the  opportunity  of  this  communication  to  remind  you  of  two  things 
that  may  be  of  some  importance  to  be  remembered. 

1.  That  neither  San  Francisco  or  Monterey  are  susceptible,  within  any  reason 
able  expense,  of  being  defended  from  an  attack  made  from  the  interior;  every 
commanding  position  within  reach  of  a  cannon-ball  from  the  water  is  overlooked 
by  adjacent  hills,  within  gunshot.     "We  must,  therefore,  hold  the  country  along 
the  sea-coast  as  far  south  as  St.  Lucas,  and  make  the  river  Gila  and  a  line 
drawn  from  that  river  across  to  the  Del  Norte  the  southern  boundary,  all  of 
which  is  now  in  our  possession.     It  is  not  my  business,  perhaps,  to  say  more  on 
the  subject.     I  will  send  you,  however,  a  map  which  I  have  made,  and  on  which 
I  have  traced  with  red  ink  the  boundary  line  above  suggested. 

2.  That  this  territory  within  the  lines  marked  by  me  should  be  retained  by 
the  United  States,  as  indispensable  to  preserve  the  lives  and  property  of  our 
fellow-citizens  residing  here,  as  well  as  to  secure  any  thing  like  permanent  peace. 

I  have  put  some  guns  on  board  the  store-ship  "Erie,"  and  made  a  cruiser  of 
her.  She  will  sail  on  a  cruise  immediately,  to  circulate  the  enclosed  notice  and 
to  look  out  for  privateers,  and  will  touch  at  Panama  to  deliver  and  receive  de 
spatches. 

As  soon  as  the  schooner  Shark  returns  from  the  Columbia  River,  I  will  send 
her  on  a  cruise  for  the  protection  of  our  whale-ships. 

The  Savannah,  Portsmouth,  and  Cyane  will  continue  the  blockade  of  the 
coast  of  Mexico,  while  I  will  in  the  Congress  go  up  the  Gulf  of  California  and 
pay  my  respects  to  San  Jose,  La  Paz,  Loreto,  and  Guaymas,  thence  along  the 
Mexican  coast,  thence  to  the  Sandwich  Islands,  thence  to  San  Francisco. 

The  Warren  will  be  obliged  to  lay  by  for  extensive  repairs. 

By  which  disposition  of  the  squadron  I  hope  to  meet  your  approbation,  as 
well  as  the  views  of  Mr.  Webster  and  his  friends,  who  signed  the  letter  to  the 
President  which  I  found  among  your  last  despatches.  Besides,  I  will  order  the 
ships  of  the  blockading  squadron  occasionally  to  change  their  ground  and  take 
a  cruise,  one  after  the  other,  for  the  protection  of  the  whalers.  By  these  courses 
we  will  cross  each  other's  track,  and  so  traverse  the  ocean  as  to  render  it  some 
what  hazardous  for  a  privateer  to  be  dodging  about  within  our  circle. 

Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON,  Commodore,  &c. 

Your  letter  to  Commodore  Biddle  will  be  sent  to  the  Sandwich  Islands  by  the 
American  ship  Brooklyn,  which  leaves  this  place  in  a  day  or  two  for  Honolulu. 

Hon.  GEORGE  BANCROFT, 

Secretary  of  the  Navy,  Washington,  D.  C. 


ClUDAD  DE  LOS  ANGELES,  August  31,  1846. 

SIR: — I  herewith  enclose  to  you  your  commission  as  military  commandant  of! 
this  department. 

Martial  law  will  continue  in  force  throughout  the  whole  territory,  until  other-* 
wise  ordered  by  the  governor  of  the  same. 

Notwithstanding,  however,  the  existence  of  martial  law,  you  will  permit  the* 
civil  officers  of  the  government  to  proceed  in  the  exercise  of  their  proper  func-' 
tions,  nor  will  you  interfere  with  their  duties,  except  in  cases  where  the  peace! 
and  safety  of  the  territory  requires  your  aid  or  interference. 

You  will  take  care  that  my  proclamation  of  the  17th  be  strictly  observed- 
throughout  this  department,  except  as  to  those  persons  who  may  be  exempted* 
by  your  written  order  from  the  operation  of  its  provisions. 


APPENDIX    A.  6 

You  are  authorized,  whenever  it  can  be  prudently  done,  to  give  written  per 
mission  to  persons  known  to  be  friendly  to  the  government  to  be  out  them 
selves,  and  to  send  their  servants  out  before  sunrise  in  the  morning. 

You  are  likewise  authorized  to  grant  permission,  where  you  see  tit,  to  persons 
known  to  be  friendly,  t  >  carry  arms  with  them,  whenever  it  appears  to  you  they 
stand  in  need  of  them  for  their  own  or  their  servants'  protection. 

I  enclose  t  >  you,  also,  some  blank  commissions  for  prefects  and  alcaldes,  that, 
in  ease  the  people  should  fail  to  elect  either  of  those  officers  within  the  juris 
diction  of  this  department,  you  may  fill  up  the  blank  with  the  name  of  some 
one  you  may  think  is  qualified  and  will  accept  the  office,  affixing  the  date 
thereto,  and  "transmitting  to  me  at  San  Francisco,  bv  the  first  opportunity,  the 
name  and  date  of  all  appointments  made  by  you. 

AVhenever  opportunity  offers,  you  will  write  to  me  as  to  the  state  of  the  coun 
try  and  the  feelings  of  the  people  within  this  department. 

Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON, 
Governor  and  Commander-in-chief. 

To  CAPTAIN  A.  II.  GILLESPIE, 

Military  Commandant  of  the  Southern  Department. 

p.  s. — Sent  that  you  may  see  how  I  have  tempered  the  rigours  of  indispensable 
military  law  with  the  appliances  of  peace. 

R.  F.  STOCKTON. 


Organization  of  the  Army  of  California. 

GENERAL    ORDER. 

Besides  the  governor  and  commandcr-in-chief,  there  will  be  from  this  day  a 
military  commandant  of  the  territory  of  California,  whose  duty  it  will  be  to 
superintend  and  direct  all  the  military  operations  in  the  territory,  according  to 
the  directions  that  he  may  from  time  to  time  receive  from  the  governor,  to  whom 
he  will  report  all  his  proceedings.  The  territory  will  hereafter  be  divided  into 
three  military  departments,  to  each  of  which  will  be  appointed  a  military  com 
mandant,  who  will  receive  instructions  from  and  be  responsible  to  the  military 
commandant  of  the  territory. 

R.  F.  STOCKTON, 
Governor  and  Commander-in-chief  of  the  Territory  of  California. 

CIUDAD  DE  LOS  ANGELES,  September  2, 1846. 


CIRCULAR. 

You  are  hereby  advised  that  war  exists  between  the  United  States  of  North 
America  and  Mexico,  and  are  cautioned  to  guard  against  an  attack  from  Mexi 
can  privateers,  and  all  vessels  under  the  Mexican  flag. 

The  territory  of  California  has  been  taken  possession  of  by  the  forces  under 
my  command,  and  now  belongs  to  the  United  States;  and  you  will  find  safe  an 
chorage  and  protection  in  the  harbour  of  San  Francisco  during  any  season  of  the 
year. 

R.  F.  STOCKTON,  Commodore,  &c. 

UNITED  STATES  FRIGATE  CONGRESS. 


4  APPENDIX   A. 

UNITED  STATES  FRIGATE  CONGRESS, 
BAY  OF  MONTEREY,  September  19,  1846. 

SIR  : — I  am  informed  by  express  from  Commander  Montgomery,  at  San  Fran 
cisco,  that  Suter's  Fort,  on  the  Sacramento,  is  threatened  by  a  thousand  Indians 
from  the  Oregon,  of  the  Walla-Walla  tribe. 

The  cause  of  their  hostility  appears  to  be  this :  about  a  year  since  one  of  their 
chiefs  was  deliberately  murdered  at  Suter's  Fort  by  a  man  named  Cook. 

The  Erie  is  under  way,  and  I  have  only  time  to  say  that  I  shall  go  after  them 
immediately  with  the  crews  of  this  ship  and  the  Savannah,  and  I  will  give  them 
satisfaction  or  a  fight. 
Will  you  please  to  send  to  me,  by  Mr.  Norris,  a  good  spy-glass  ? 

Faithfully,  your  obedient  servant, 

K  F.  STOCKTON,  Commodore,  &c. 
To  the  lion.  GEORGE  BANCROFT, 

Secretary  of  the  Navy,  Washington,  D.C. 


SAN  DIEGO,  HEAD-QUARTERS  OF,  &c.  &c., 
November  23,  1846. 

SIR  : — By  the  celebrated  Mexican  armed  brig  Malek  Adhel,  which  was  cap 
tured  and  taken  out  of  the  harbour  of  Mazatlan  by  the  boats  of  the  United  States 
ship  Warren,  I  have  the  honour  to  send  this  despatch  for  you  as  far  as  Mazatlan, 
and  to  say  that  several  other  vessels — perhaps  thirteen  or  fourteen — have  been 
captured  by  the  Cyane  and  Warren,  official  reports  of  which,  however,  have  not 
yet  reached  me ;  but  I  have  reason  to  hope  and  believe  that  every  vessel  by 
which  our  commerce  in  this  ocean  could  probably  be  interrupted  has  been  cap 
tured  by  Commander  Hull,  in  the  Warren,  or  Commander  Dupont,  in  the  Cyane. 

Those  officers  deserve  praise  for  the  manner  in  which  they  have  blockaded 
and  watched  the  Mexican  coast  during  the  most  inclement  season  of  the  year. 

The  enclosed  letters,  from  No.  1  to  4,  will  acquaint  you  with  the  position  of 
the  squadron  and  the  affairs  of  this  territory,  as  well  as  with  my  intentions  in 
regard  to  the  further  prosecution  of  the  war  up  to  the  30th  September,  when 
the  intelligence  reached  me  that  all  the  Mexican  officers  in  the  territory,  with 
the  exception  of  one  or  two,  had  violated  their  oaths,  and  again  taken  up  arms 
against  the  United  States,  with  which  insurrection,  and  the  consequent  altera 
tion  of  all  my  preconcerted  plans,  it  will  be  the  further  object  of  this  despatch 
to  make  you  acquainted. 

The  war  in  California  being,  as  I  supposed,  at  an  end,  and  having  ordered  the 
other  ships  of  the  squadron  to  the  coast  of  Mexico,  there  to  await  my  arrival,  I 
was  about  to  transfer  the  government  of  California  to  other  hands,  and  to  sail 
as  soon  as  possible  in  the  Congress  for  Acapulco,  where  I  expected  to  land  and 
lend  our  aid  to  the  war  in  that  part  of  Mexico,  when  I  was  informed  by  express 
that  the  Mexican  officers  had  violated  their  oaths  and  commenced  anew  the  war 
by  a  midnight  attack  on  the  party  of  fifty  men  left  at  Ciudad  de  los  Angeles. 

The  enclosed  proclamation,  No.  5,  signed  by  Jose  Ma  Flores,  a  captain  in  the 
Mexican  army,  and  on  parole,  will  give  you  some  idea  of  the  disposition  of  those 
depraved  men. 

At  this  time  Major  Fremont  had  gone  to  the  Sacramento  to  enlist  men  for  me 
to  take  to  Acapulco.  I  immediately  sent  to  him  to  come  to  San  Francisco,  with 
as  many  men  and  saddles  as  he  could  get  to  embark  in  the  ship  Sterling,  that 
we  might  by  prompt  action  surprise  the  enemy  at  Santa  Barbara,  only  three 
days'  march  from  De  los  Angeles ;  while  I  would  go  directly  to  San  Pedro  and 
march  to  the  city,  where  I  would  certainly  be  able  to  calculate  within  a  day  or 
two  the  time  I  would  receive  his  co-operation. 

While  the  necessary  preparations  were  making  to  carry  out  this  plan  of  sur 
prise  and  at  once  to  put  down  tne  insurrection,  I  ordered  the  Savannah  (then 
under  sailing  orders  for  the  coast  of  Mexico)  to  go  immediately  to  San  Pedro, 
and  afford  all  the  aid  in  her  power  to  our  little  garrison  at  the  city. 


APPENDIX   A.  5 

I  left  San  Francisco  in  company  with  the  Sterling ;  but,  having  crossed  the 
bar  before  her,  I  hove  to  till  she  came  out,  and  then  I  steered  with  a  fair  wind 
down  along  the  coast.  On  our  way  we  spoke  the  ship  Barnstable  from  Monterey 
with  despatches  from  the  commanding  officer  there,  stating  that  Monterey 
would  probably  be  attacked,  and  that  he  required  immediate  reinforcement.  I 
went  immediately  to  Monterey,  leaving  the  Sterling  with  a  fair  wind  on  her  way 
to  Santa  Barbara. 

I  arrived  the  next  day  at  Monterey,  and  landed  two  officers,  Messrs.  Baldwin 
and  Johnston,  with  fifty  men  and  three  pieces  of  artillery  ;  and,  having  fortified 
the  town  against  any  probable  force  in  California,  I  left  for  San  Pedro,  looking 
into  Santa  Barbara,  as  I  passed,  to  see  how  the  Sterling  made  out ;  but  she  had 
not  arrived,  although  she  ought  to  have  been  there  several  days  previous. 

I  passed  on  to  San  Pedro,  where  I  found  the  Savannah.  Captain  Mervine, 
commander  of  the  Savannah,  informed  me  that  on  his  arrival  there  he  found  on 
board  of  the  ship  Vandalia  the  party  of  volunteers  who  had  been  besieged  at  the 
Pueblo,  and  to  whose  assistance  he  had  been  despatched,  but  who  had  been  per 
mitted  by  treaty  to  retire  with  their  arms  on  board  of  this  vessel ;  that  about 
two  weeks  before  my  arrival  he  had  landed  with  his  men  and  the  above-men 
tioned  volunteers,  and  marched  for  the  city ;  that  he  met  a  body  of  mounted 
men  with  a  field-piece,  with  whom  he  had  an  engagement ;  that  he  had  not 
taken  any  artillery  with  him,  and  they  had  driven  him  back  to  his  ship,  with 
the  loss  of  four  men  killed  and  some  wounded;  and  that  he  had  remained  on 
board  since  that  time  waiting  for  me. 

He  says  that  his  officers  and  men  behaved  well;  that  they  made  several 
efforts  to  take  the  field-piece  from  the  enemy,  but  they  could  not  overtake  it. 
In  truth,  nothing  short  of  a  locomotive  engine  can  catch  those  well-mounted 
fellows. 

I  did  not  like  this  proceeding  or  its  probable  consequences ;  but  I  have  no 
more  to  say  about  it  at  present.  Elated  by  this  transient  success, — which  the 
enemy,  with  his  usual  want  of  veracity,  magnified  into  a  great  victory, — they 
collected  in  large  bodies  on  all  the  adjacent  hills,  and  would  not  permit  a  hoof 
except  their  own  horses  to  be  within  fifty  miles  of  San  Pedro. 

I  had,  however,  agreed  to  land  there,  to  be  in  readiness  to  co-operate  with  the 
forces  under  Major  Fremont  expected  from  Santa  Barbara;  and  therefore  de 
termined  to  do  so  in  the  face  of  their  boasting  insolence,  and  there  again  to 
hoist  the  glorious  stars  in  the  presence  of  their  horse-covered  hills. 

Orders  were  accordingly  given  to  prepare  to  land  the  troops  in  the  morning, 
and  a  party  of  the  volunteers,  as  you  will  see  by  a  general  order  here  enclosed 
and  marked  No.  6,  were  ordered  to  land  before  daylight,  to  cover  the  general 
landing,  which  was  to  be  made  up  a  very  steep  bank  and  in  the  face  of  the 
enemy. 

The  volunteers  failed  to  land  in  time,  in  consequence  of  a  fancied  force  of  the 
enemy.  Not  so  with  the  sailors  and  marines,  who  were  ready  in  the  boats 
alongside  of  the  two  ships,  and  whom,  as  soon  as  I  discovered  that  the  volunteers 
had  not  succeeded,  I  ordered  to  land.  The  boats  of  the  Savannah  were  under 
the  immediate  command  of  Captain  Mervine ;  those  of  the  Congress  under  the 
immediate  command  of  Lieutenant-Commandant  Livingston,  and  performed  the 
service  in  a  most  gallant  manner,  being  myself  present. 

On  our  approach  to  the  shore,  the  enemy  fired  a  few  muskets  without  harm 
and  tied ;  we  took  possession,  and  once  more  hoisted  our  flag  at  San  Pedro. 
General  order,  marked  No.  7,  will  show  you  how  I  estimated  the  conduct  of  the 
troops  at  the  time. 

The  troops  remained  encamped  at  that  place  for  several  days  before  the  in 
surgents,  who  covered  the  adjacent  hills,  and  until  both  officers  and  men  had 
become  almost  wrorn  out  by  chasing  and  skirmishing  with  and  watching  them, 
and  until  I  had  given  up  all  hope  of  the  co-operation  of  Major  Fremont.  Be 
sides,  the  enemy  had  driven  off  every  animal,  man  and  beast,  from  that  section 
of  the  country,  and  it  was  not  possible,  by  any  means  in  our  power,  to  carry 
provisions  for  our  march  to  the  city. 

J  resolved,  therefore,  to  embark  the  troops,  and  waste  no  more  time  there,  but 


6  APPENDIX   A. 

to  go  down  South,  and,  if  possible,  to  get  animals  somewhere  along  the  coast 
before  the  enemy  could  know  or  prevent  it,  and  to  mount  my  own  men  and 
march  to  the  city  by  the  Southern  route. 

I  left  the  Savannah  to  look  out  for  Major  Fremont,  and,  taking  the  volunteers 
on  board  of  the  Congress,  proceeded  down  the  coast  as  far  as  San  Diego,  where 
Lieutenant  Minor  was  in  command. 

Two  days  after  my  arrival  at  San  Diego,  the  Malek  Adhel  arrived  from 
Monterey,  with  despatches  from  Major  Fremont,  in  which  he  says: — "We  met 
the  Vandalia  with  information  of  the  occurrences  below.  Mr.  Howard  repre 
sented  that  the  enemy  had  driven  off  all  the  horses  and  cattle,  so  that  it  would 
be  impossible  to  obtain  either  for  transportation  or  supplies.  Under  the  circum 
stances,  and  in  virtue  of  the  discretionary  authority  you  have  given  me,  I  judged 
it  of  paramount  necessity  to  haul  up  immediately  for  this  port,  with  the  inten 
tion  to  send  for  all  the  men  who  could  be  raised  in  the  North  and  for  the  band 
of  horses  which  I  had  left  on  the  Cosumne.  In  the  mean  time  we  should  be  able 
to  check  the  insurrection  here,  and  procure  horses  and  supplies,  so  as  to  be  in 
readiness  to  march  to  the  southward  immediately  on  the  arrival  of  our  rein 
forcements.'7 

On  the  receipt  of  this  letter,  having  arranged  with  Lieutenant  Minor  to  send 
a  vessel  down  the  coast  for  horses  and  cattle,  I  returned  to  San  Pedro,  and  sent 
the  Savannah  back  to  Monterey,  to  facilitate,  as  far  as  I  could,  the  preparations 
of  Major  Fremont. 

On  my  return  at  San  Diego,  I  found  that  the  expedition  South  had  been  suc 
cessful,  that  the  party  had  obtained  about  sixty  useful  horses,  two  hundred  head 
of  cattle,  and  five  hundred  sheep. 

On  the  afternoon  of  our  arrival,  the  enemy,  irritated,  I  suppose,  by  the  loss 
of  his  animals,  came  down  in  considerable  force  and  made  an  attack  ;  they  were, 
however,  soon  driven  back,  with  the  loss  of  two  men  and  horses  killed,  and  four 
wounded.  Those  skirmishes  or  running  fights  are  of  almost  daily  occurrence  ; 
since  we  have  been  here  we  have  lost,  as  yet,  but  one  man  killed  and  one 
wounded. 

One  hundred  more  horses  will  enable  me  to  mount  some  of  my  own  men,  and, 
before  long,  I  expect  to  be  a  general  of  dragoons,  as  well  as  commodore,  governor, 
and  commander-in-chief. 

I  have  been  thus  particular  in  this  despatch,  that  you  may  see  that  all  that 
unflinching  labour  and  perseverance  on  my  part,  and  inflexible  patriotism  and 
courage  on  the  part  of  my  officers  and  men,  could  do  to  suppress  this  rebellion, 
has  been  done,  and  that,  although  we  may  still  be  for  some  time  annoyed  by 
those  daily  skirmishes,  yet  the  rebels  cannot,  in  all  probability,  much  longer 
avert  the  doom  that  awaits  them.  Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON. 

To  the  Hon.  GEORGE  BANCROFT, 

Secretary  of  the  Navy,  Washington,  D.  C. 


UNITED  STATES  FRIGATE  CONGRESS, 
HARBOUR  OF  SAN  FRANCISCO,  September  30,  1846. 

SIR  : — You  will,  as  soon  as  you  are  ready,  proceed  to  sea  under  your  sealed 
orders,  with  this  modification,  however  : — you  will,  on  falling  in  with  the  Cyane, 
send  her  immediately  to  San  Francisco,  instead  of  detaining  her  on  the  coast  as 
heretofore  directed. 

The  Congress  and  Cyane  will,  by  this  arrangement,  it  is  expected,  be  ready 
to  relieve  the  Savannah  and  Portsmouth. 

If  despatches  from  the  government  should  arrive  at  Mazatlan  between  this 
and  the  first  of  December,  you  will  open  them ;  and,  if  notice  of  peace,  you  will 
leave  copies  of  the  despatches  at  Mazatlan  for  me,  in  case  I  should  arrive  there 
after  you  have  left,  and  come  to  San  Francisco  and  prepare  the  Savannah  to  re 
turn  to  the  United  States. 


APPENDIX   A.  7 

If  Mr.  Norris  should  arrive  from  the  United  States  at  Mazatlan  before  I 
reach  there,  you  will  bring  him  in  the  Savannah  or  send  him  in  the  Portsmouth 
as  soon  as  possible  to  this  place,  without  opening  the  despatches.  The  enclosed 
letter  contains  a  despatch  for  the  Secretary  of  the  Navy.  You  will  please  to 
make  every  exertion,  without  regard  to  expense,  to  get  it  forwarded  by  Mr.  Mott, 
or  some  one  else. 

You  will  also  draw  for  the  use  of  this  squadron  any  sum  of  money,  not  ex 
ceeding  one  hundred  thousand  dollars,  that  you  may  be  enabled  to  get  at 
Mazatlan. 

Please  to  seal  the  letter  to  Mott,  Talbot  &  Co.  before  you  deliver  it ;  I  leave 
it  open  in  case  you  should  find  it  best  to  deliver  the  despatch  to  other  hands. 
Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON,  Commodore,  &c. 

To  CAPTAIN  WM.  MERVINE, 

United  States  Frigate  Savannah,  harbour  of  San  Francisco. 


GENERAL  ORDER. 

UNITED  STATES  FRIGATE  CONGRESS, 
OFF  SAN  PEDRO,  October  20,  1846. 

Captain  Gillespie,  with  fifty  men,  will  be  landed  at  four  o'clock,  A.  M.,  to 
morrow,  to  surprise  the  enemy. 

The  oars  of  the  boats  must  be  muffled,  and  the  men  pull  without  the  least 
noise,  and  perfect  silence  must  be  observed. 

If  Captain  Gillespie  requires  aid,  he  will  fire  a  rocket,  when  the  boats  of  the 
ships  will  be  ready  to  go  to  his  assistance. 

It  Captain  Gillespie  meets  no  opposition  in  taking  possession  of  the  houses, 
he  will  conceal  his  force  so  as  to  shoot  any  spies  that  may  venture  inside  of  rifle- 
range  (never  shooting  too  quick]  to  oppose  the  landing  of  the  troops. 

If  Captain  Gillespie  does  not  require  assistance,  the  rest  of  the  troops  will  not 
land  until  after  breakfast,  which  will  be  taken  at  seven  o'clock,  and  the  forces 
prepared  to  disembark  at  half-past  eight  o'clock,  when  a  signal  to  that  effect  is 
made. 

Captain  Gillespie  will  keep  his  position  until  the  troops  are  landed,  when  he 
will  return  on  board  to  breakfast. 

If  the  troops  are  required  to  land  before  breakfast,  the  force  from  the  frigate 
Savannah  will  be  commanded  by  Captain  Mervine;  those  from  the  Congress  by 
Lieutenant-Commandant  Livingston.  , 

The  Commander-in-chief  intends  to  lead  on  the  attack,  if  there  be  one,  in 
person. 

By  order  of  the  commander-in-chief. 

J.  ZEILIN,  Brevet-Captain  and  Adjutant. 


GENERAL  ORDER. 

UNITED  STATES  FRIGATE  CONGRESS, 

BAY  OF  SAN  PEDRO,  October  28,  1846. 

The  commander-in-chief  commends  the  determined  courage  with  which  the 
officers,  sailors,  and  marines  landed  (in  despite  of  the  false  alarm  as  to  the 
enemy's  force)  and  again  hoisted  the  American  standard  at  San  Pedro. 

The  important  duties  of  the  commander-in-chief,  and  the  entire  want  of  camp 
equipage  or  other  necessary  accommodation,  require  him,  while  the  troops  are 
in  camp  on  the  beach,  to  retain  his  head-quarters  on  board  of  the  ship;  but, 
brave  comrades,  be  assured  that  he  will  superintend  and  direct  all  your  opera- 


8  APPENDIX   A. 

tions,  and  when  in  danger  he  will  be,  as  he  was  yesterday  morning,  in  the  midst 
of  you. 

Every  officer  and  man  must  be  ready  at  a  moment's  notice  to  march  to  the 
Puebla  to  support  Major  Fremont's  volunteers,  or  to  go  on  board  of  ship  to  the 
relief  of  our  gallant  brothers  in  arms  at  San  Diego  and  Monterey,  who  are 
threatened  with  an  attack  by  overwhelming  forces. 

Brave  men,  however  various  and  different  your  duties  may  be,  the  commander- 
in-chief  is  satisfied  you  will  give  the  most  willing  aid  to  all  his  operations  in 
defence  of  the  honour  and  glory  of  our  country. 

By  order  of  the  Commander-in-chief. 

J.  ZEILIN,  Brevet-Captain  and  Adjutant. 


HEAD-QUARTERS,  CIUDAD  DE  LOS  ANGELES, 
January  11,  1847. 

SIR: — My  last  letter  to  the  department  will  have  informed  you  of  the  defeat 
of  Captain  Mervine  at  San  Pedro,  and  the  return  of  Colonel  Fremont,  with  the 
force  under  his  command,  to  Monterey,  since  which  time  I  have  not  heard  from 
him ;  and  of  my  being  at  San  Diego,  surrounded  by  the  insurgents,  and  entirely 
destitute  of  all  means  of  transportation.  "VVe  succeeded  at  last,  however,  in 
getting  animals  two  hundred  and  forty  miles  to  the  southward  of  San  Diego, 
and  in  driving  them,  in  despite  of  the  insurgents,  into  the  garrison. 

I  have  now  the  honour  to  inform  you  that  it  has  pleased  God  to  crown  our  poor 
efforts  to  put  down  the  rebellion,  and  to  retrieve  the  credit  of  our  arms  with  the 
most  complete  success.  The  insurgents,  again  elated  by  the  defeat  of  General 
Kearney  at  San  Pasqual,  and  the  capture  of  one  of  his  guns,  determined  with 
his  whole  force  to  meet  us  on  our  march  from  San  Diego  to  this  place,  and  to 
decide  the  fate  of  the  territory  by  a  general  battle. 

Having  made  the  best  preparation  I  could  in  the  face  of  a  boasting  and 
vigilant  enemy,  we  left  San  Diego  on  the  29th  day  of  December  (that  portion  of 
the  insurgent  army  who  had  been  watching  and  annoying  us  having  left  to  join 
the  main  body)  with  about  six  hundred  fighting  men,  composed  of  detachments 
from  the  ships  Congress,  Savannah,  Portsmouth,  and  Cyane,  aided  by  General 
Kearney  with  a  detachment  of  sixty  men  on  foot  from  the  first  regiment  of 
United  States  dragoons,  and  with  Captain  Gillespie  with  sixty  mounted  rifle 
men. 

We  marched  nearly  one  hundred  and  forty  miles  in  ten  days,  and  found  the 
rebels  on  the  8th  day  of  January,  in  a  strong  position,  on  the  high  bank  of  the 
"llio  San  Gabriel,"  with  six  hundred  mounted  men  and  four  pieces  of  artillery, 
prepared  to  dispute  our  passage  across  that  river. 

We  waded  through  the  water,  dragging  our  guns  after  us,  against  the  galling 
fire  of  the  enemy,  without  exchanging  a  shot  until  we  reached  the  opposite 
shore,  when  the  fight  became  general,  and  our  troops,  having  repelled  a  charge 
of  the  enemy,  charged  up  the  bank  in  a  most  gallant  manner,  and  gained  a 
most  complete  victory  over  the  insurgent  army. 

The  next  day,  on  our  march  across  the  plains  of  the  Mesa  to  this  place,  the 
insurgents  made  another  desperate  effort  to  save  the  capital  and  their  own  necks; 
they  were  concealed  with  their  artillery  in  a  ravine  until  we  came  within  gun 
shot,  when  they  opened  a  brisk  fire  from  their  field-pieces  on  our  right  flank, 
and  at  the  same  time  charged  both  on  our  front  and  rear.  We  soon  silenced 
their  guns  and  repelled  the  charge,  when  they  fled  and  permitted  us  the  next 
morning  to  march  into  town  without  any  further  opposition. 

We  have  rescued  the  country  from  the  hands  of  the  insurgents,  but  I  fear 
that  the  absence  of  Colonel  Fremont's  battalion  of  mounted  riflemen  will  enable 
most  of  the  Mexican  officers  who  have  broken  their  parole  to  escape  to  Sonora. 

I  am  happy  to  say  that  our  loss  in  killed  and  wounded  does  not  exceed  twenty, 
while  we  are  informed  that  the  enemy  has  lost  between  seventy  and  eighty. 

This  despatch  must  go  immediately,  and  I  will  wait  another  opportunity  to 


APPENDIX   A.  9 

furnish  you  with  the  details  of  these  two  battles,  and  the  gallant  conduct  of  the 
officers  and  men  under  my  command,  with  their  names. 
Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON,  Commodore,  &c. 
To  the  Hon.  GEORGE  BANCROFT, 

Secretary  of  the  Navy,  Washington,  D.  C. 


GENERAL  ORDER. 

HEAD-QUARTERS,  CIUDAD  DE  LOS  ANGELES, 

January  11,  1847. 

The  commander-in-chief  congratulates  the  officers  and  men  of  the  southern 
division  of  United  States  forces  in  California,  on  the  brilliant  victories  obtained 
by  them  over  the  enemy  on  the  8th  and  9th  instants,  and  on  once  more  taking 
possession  of  the  Ciudad  de  los  Angeles. 

He  takes  the  earliest  moment  to  commend  their  gallantry  and  good  conduct, 
both  in  the  battle  fought  on  the  8th,  on  the  banks  of  the  Rio  San  Gabriel, 
and  on  the  9th  instant,  on  the  plains  of  the  Mesa. 

The  steady  courage  of  the  troops  in  forcing  their  passage  across  the  Rio  San 
Gabriel,  where  officers  and  men  were  alike  employed  in  dragging  the  guns 
through  the  water,  against  the  galling  fire  of  the  enemy,  without  exchanging  a 
shot,  and  their  gallant  charge  up  the  banks  against  the  enemy's  cavalry,  has 
perhaps  never  been  surpassed;  and  the  cool  determination  with  which,  in  the 
cattle  of  the  9th,  they  repulsed  the  charge  of  cavalry  made  by  the  enemy  at  the 
same  time  on  their  front  and  rear,  has  extorted  the  admiration  of  the  enemy, 
and  deserves  the  best  thanks  of  their  countrymen. 

R.  F.  STOCKTON, 

Governor  and  Commander-in-chief 
of  the  Territory  of  California. 


HEAD-QUA  RTERS,  CIUDAD  DE  LOS  ANGELES, 
January  15,  1847. 

SIR: — Referring  to  my  letter  of  the  llth,  I  have  the  honour  to  inform  you  of 
the  arrival  of  Lieutenant-Colonel  Fremont  at  this  place  with  four  hundred  men; 
that  some  of  the  insurgents  have  made  their  escape  to  Sonora,  and  that  the  rest 
Lave  surrendered  to  our  arms. 

Immediately  after  the  battles  of  the  8th  and  9th,  they  began  to  disperse;  and 
I  am  sorry  to  say  that  their  leader,  Jose  M.  Flores,  made  his  escape,  and  that 
the  others  have  been  pardoned  by  a  capitulation  agreed  upon  by  Lieutenant- 
Colonel  Fremont. 

Jose  M.  Flores,  the  commander  of  the  insurgent  forces,  two  or  three  days 
previous  to  the  8th  sent  two  commissioners,  with  a  flag  of  truce,  to  my  camp  to 
make  "a  treaty  of  peace."  I  informed  the  commissioners  that  I  could  not  re 
cognise  Jose  M.  Flores,  who  had  broken  his  parole,  as  an  honourable  man,  or  as 
one  having  any  rightful  authority,  or  worthy  to  be  treated  with;  that  he  was  a 
rebel  in  arms,  and,  if  I  caught  him,  I  would  have  him  shot. 

It  seemed  that,  not  being  able  to  negotiate  with  me,  and  having  lost  the  bat 
tles  of  the  8th  and  9th,  they  met  Colonel  Fremont  on  the  12th  instant  on  his 
way  here,  who,  not  knowing  what  had  occurred,  entered  into  the  capitulation 
with  them,  which  I  now  send  to  you ;  and,  although  I  refused  to  do  it  myself, 
still  I  have  thought  it  best  to  approve  it.  I  am  glad  to  say  that,  by  the  capitu 
lation,  we  have  recovered  the  gun  taken  by  the  insurgents  at  the  sad  defeat  of 
General  Kearney  at  San  Pasqual. 

The  territory  of  California  is  again  tranquil,  and  the  civil  government,  formed 
by  me,  is  again  in  operation  in  the  places  where  it  was  interrupted  by  the  in 
surgents. 


10  APPENDIX   A. 

Colonel  Fremont  has  five  hundred  men  in  his  battalion,  which  will  be  quite 
sufficient  to  preserve  the  peace  of  the  territory ;  and  I  will  immediately  with 
draw  my  sailors  and  marines,  and  sail  as  soon  as  possible  for  the  coast  of 
Mexico,  where  I  hope  they  will  give  a  good  account  of  themselves. 
Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON,  Commodore,  &c. 
To  the  Hon.  GEORGE  BANCROFT, 

Secretary  of  the  Navy,  Washington,  D.  C. 


UNITED  STATES  FRIGATE  CONGRESS, 
HARBOUR  OF  SAN  DIEGO,  January  22,  1847. 

SIR  : — I  have  the  honour  to  inform  you  that  the  civil  government  of  this  terri 
tory  is  in  successful  operation,  that  Colonel  Fremont  is  acting  as  governor  and 
Colonel  Russell  as  secretary,,  and  that  I  am  again  on  board  of  the  Congress,  pre 
paring  her  for  the  coast  of  Mexico. 

Lieutenant  Gray,  who  is  charged  with  my  despatches,  has  been  my  aid-de 
camp,  and  has  done  his  duty  with  great  good  conduct  and  gallantry. 

He  is  the  officer  whom  I  sent  to  relieve  General  Kearney  from  his  perilous 
condition  after  his  defeat  at  San  Pasqual,  and  deserves  the  consideration  of  the 
department. 

He  will  be  able  to  give  you  the  particulars  of  that  unfortunate  and  disastrous 
affair. 

Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON,  Commodore,  &c. 
To  the  Hon.  GEORGE  BANCROFT, 

Secretary  of  the  Navy,  Washington,  D.  C. 


UNITED  STATES  FRIGATE  CONGRESS, 
HARBOUR  OF  SAN  DIEGO,  February  4,  1847. 

SIR: — As  the  guardian  of  the  honour  and  services  of  the  navy,  I  take  leave  to 
send  to  you  the  following  narrative.  This  case  requires  no  argument ;  nor  will 
I  make  a  single  remark  in  relation  to  the  extraordinary  conduct  of  General 
Kearney  or  the  indefensible  language  of  his  notes:  "demands,"  "personal  col 
lision,"  "  civil  war"  and  the  bold  assertion  that  the  country  was  not  conquered  un 
til  the  Sth  and  $th  of  January  by  the  troops  under  his  command,  speak  for  them 
selves. 

I  only  desire  at  this  time  that  you  will  call  the  attention  of  the  President  to 
it,  and  ask  that  General  Kearney  may  be  recalled  from  the  territory,  to  prevent 
the  evil  consequences  that  may  grow  out  of  such  a  temper  and  such  a  head. 

Last  September  I  ordered  an  express  mail  to  be  sent  in  charge  of  Mr.  Carson 
from  the  Ciudad  do  los  Angeles  to  the  city  of  Washington,  to  inform  the 
President  that  the  territory  of  California  had  been  conquered  and  a  civil  govern 
ment  established  therein.  Mr.  Carson  was  met  on  his  way,  and  only  within 
four  days'  travel  of  Santa  Fe,  by  General  Kearney,  to  whom  he  communicated 
the  above  intelligence,  and  that  Colonel  Fremont  was  to  be  governor.  General 
Kearney  sent  back  to  Santa  Fe  a  large  part  of  the  force  under  his  command,  but 
came  himself  to  the  territory  with  a  detachment  of  dragoons;  he  ivould  not  per 
mit  Mr.  Carson  to  proceed  with  the  express,  but  insisted  that  he  should  return  with 
him  to  California.  On  the  3d  of  December  I  received  a  letter  from  General 
Kearney  by  Mr.  E.  Stokes,  which  I  now  enclose,  marked  No.  1.  I  immediately 
despatched  Captain  Gillespie  and  Mr.  Stokes,  with  about  thirty-nine  mounted 
riflemen,  to  the  "Head-quarters  of  the  army  of  the  West"  with  the  letter  marked 
No.  2.  Mr.  Stokes  said  that  the  General  had  informed  him  that  he  had  about 
three  hundred  and  fifty  men  with  him. 

On  the  night  of  the  Gth  Mr.  Stokes  returned  to  San  Diego,  and  informed  me 


APPENDIX   A.  11 

that  General  Kearney  had  attempted  to  surprise  the  insurgents  early  that  morn 
ing  in  their  camp  at  San  Pasqual ;  that  a  battle  ensued,  in  which  the  General 
was  worsted,  but  to  what  extent  he  could  not  accurately  state,  because  he  came 
off  immediately  after  the  firing  ceased,  without  communicating  with  any  one  on 
the  field  of  battle ;  that  the  General  had  lost  many  killed  and  wounded,  and  one 
of  his  guns  had  been  taken;  that  the  insurgents  were  commanded  by  Andres 
Pico,  who  had  with  him  about  one  hundred  men.  The  next  day,  IVlr.  Godey 
came  in  express  from  the  General's  camp,  and  confirmed  the  sad  intelligence  of 
his  defeat,  bringing  the  enclosed  letter  from  Captain  Turner  of  the  dragoons, 
marked  No.  3. 

On  Wednesday  night,  the  9th  instant,  Lieutenant  Beale,  of  the  navy,  came  in 
from  the  General's  camp,  and  stated  that  the  force  under  General  Kearney's 
command  had  attempted  to  surprise  the  insurgents  on  the  morning  of  the  6th  at 
San  Pasqual ;  that  in  the  fight  which  ensued  General  Kearney  had  been  defeated, 
with  the  loss  of  eighteen  or  nineteen  killed,  and  thirteen  or  fourteen  wounded; 
that  General  Kearney  and  his  whole  force  were  besieged  on  a  small  hill  of  rocks, 
and  so  surrounded  by  the  enemy  that  it  was  impossible  for  them  to  escape  un 
less  immediate  assistance  was  sent  to  them  ;  that  all  their  cattle  had  been  taken 
away  from  them,  and  that  they  were  obliged  to  eat  their  mules ;  that  they  were 
burning  and  destroying  a  quantity  of  valuable  public  property — tents,  saddles 
and  bridles,  and  camp  equipage  of  every  description,  as  well  as  private  stores 
and  clothing.  Lieutenant  Gray  was  leaving  San  Diego  with  two  hundred  and 
fifteen  men,  to  go  to  the  relief  of  General  Kearney,  at  the  moment  of  the  arrival 
of  Mr.  Beale.  He  succeeded  in  bringing  the  General  and  his  troops  safely  into 
San  Diego.  A  few  days  after  the  General's  arrival  at  San  Diego,  I  offered  to 
him  the  situation  of  Commander-in-chief  of  the  forces  then  preparing  for  a  cam 
paign,  and  offered  to  go  writh  him  as  his  {'  aid-de-camp."  He  declined  this  pro 
position,  but  said  he  would  go  as  my  "  aid-de-camp."  Soon  after  this  he  handed 
me  his  instructions  from  the  War  Department,  which,  having  read,  I  returned 
to  him  with  the  enclosed  note,  marked  No.  4.  A  short  time  after  this,  the 
General,  in  a  conversation  with  me,  intimated  that,  under  his  instructions  from 
the  War  Department,  he  was  entitled  to  be  the  governor  of  the  territory.  I  re 
plied  that  his  instructions  expressly  said  "  that  should  he  conquer  the  country  he 
might  establish  a  civil  government  therein  ;"  that  the  country  had  been  con 
quered,  and  a  civil  government  established,  before  he  left  Santa  Fe,  of  which  he 
had  been  informed,  as  before  stated,  by  Mr.  Carson,  when  he  was  only  four 
days'  travel  from  Santa  Fe»  I  also  said  that  his  instructions  from  the  War  De 
partment,  under  these  circumstances,  should  in  my  judgment  be  considered 
obsolete  arid  nugatory;  that,  as  the  thing  ordered  to  be  done  had  been  accom 
plished  already,  there  remained  nothing  to  be  done;  that  the  civil  government 
formed  by  me  was,  at  the  time  we  were  talking  about  it,  in  actual  operation 
throughout  the  territory,  with  the  exception  of  the  Ciudad  de  los  Angeles 
and  Santa  Barbara,  where  it  had  been  temporarily  interrupted  by  the  insur 
gents;  besides  which,  I  had  informed  the  government  that  I  would  appoint 
Colonel  Fremont  governor,  and  had  pledged  myself  to  Colonel  Fremont  to'do  so. 
That  the  thing  was  therefore  before  the  government,  and  their  approval  or  disap 
proval  was  probably  on  its  icay  to  me;  and  that  if  he  had  not  interfered  with  my 
express,  it  probably  would  have  returned  from  Washington  by  the  middle  of 
January.  1  supposed  from  this  conversation,  in  connection  with  the  offer  of  the 
General  to  accompany  me  as  aid-de-cantp,  that  he  would  not  again  aspire  to  the 
chief  command  of  the  territory  until  after  the  expected  despatches  had  arrived 
from  Washington. 

The  relations  between  General  Kearney  and  myself  remained  in  this  condition 
until  the  morning  of  the  20th  of  December,  when,  after  the  troops  had  been 
paraded  and  were  ready  to  proceed  on  the  march  to  the  Ciudad  de  los  An 
geles,  General  Kearney  came  to  me  and  asked  who  was  to  command  the 
troops.  I  said  that,  as  cummander-in-chief,  I  would  command  in  person. 
"But,"  said  he,  "I  mean  who  is  to  command  the  troops  under  you?"  I  said 
that  1  had  appointed  Lieutenant  Ho  wan,  the  first  lieutenant  of  the  Cyane,  to  do 
so.  The  General  observed  that  he  thought  he  was  entitled  to  that  command.  I 


12S  APPENDIX   A. 

replied,  that  Mr.  Rowan  had  been  appointed  merely  to  relieve  me  from  the  de 
tails  of  the  march  and  camp  ;  and  that  if  he  (the  General)  was  willing  to  per 
form  that  duty,  I  did  not  doubt  that  Lieutenant  Rowan  would  yield  to  him,  and 
I  would  give  him  the  appointment  with  pleasure. 

Lieutenant  Rowan  yielded,  and  I  immediately  summoned  the  officers  around 
me,  who  were  in  readiness  to  march,  and  announced  to  them  that  General 
Kearney  would  take  Mr.  Rowan's  situation,  but  that  I  would  remain  commander- 
in-chief. 

With  this  arrangement  we  proceeded  on  our  march,  during  which  I  ordered 
when  the  troops  were  to  march,  the  road  they  were  to  march,  and  when  they 
were  to  encamp,  and  did  all  other  things  belonging  or  appertaining  to  the  duties 
as  the  commander  of  the  forces  and  the  governor  of  the  territory,  and  no  one 
paid  more  respect  and  deference  to  me  as  such  than  General  Kearney ;  and  it 
never  was  more  conspicuous  than  in  the  battles  of  the  8th  and  9th  of  January, 
as  well  as  during  our  march  into  the  city. 

On  the  16th  of  January  I  received  the  enclosed  letter  from  General  Kearney, 
marked  No.  5,  by  the  address  of  which  you  will  perceive  that  I  am  still  con 
sidered  by  him  acting  governor  of  the  territory,  at  the  very  moment  he  arro 
gates  to  himself  the  supreme  power  of  demanding  of  me  to  desist  from  the 
performance  of  my  duties.  I  also  send  my  reply,  marked  No.  6,  and  his  re 
joinder,  marked  No.  7,  with  a  note  subsequently  received  from  him,  marked 
No.  8. 

Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON,  Commodore,  &c. 

To  the  Hon.  GEORGE  BANCROFT, 

Secretary  of  the  Navy,  Washington,  D.  C. 


UNITED  STATES  FRIGATE  CONGRESS, 
HARBOUR  OF  SAN  DIEGO,  February  5,  1847. 

SIR: — I  had  the  honour  to  write  to  you  on  the  llth  of  January,  by  my  aid- 
de-camp,  Lieutenant  Gray,  informing  you  of  the  victories  gained  on  the  8th  and 
9th  of  January  over  the  insurgent  army  by  the  forces  under  my  command ;  that 
the  insurrection  had  been  put  down,  and  peace  and  tranquillity  restored  through 
out  the  territory ;  that  we  had  again  taken  possession  of  the  Ciudad  de  los  An 
geles  ;  that  our  flag  was  once  more  flying  in  all  parts  of  California  ;  and  that  the 
civil  government  formed  by  me  last  September  was  in  successful  operation. 

I  now  proceed  (as  it  is  my  duty  to  do)  to  give  you  a  more  detailed  and  circum 
stantial  account  of  the  battles  of  the  8th  and  9th,  as  well  as  of  the  preparations 
which  preceded  them.  We  came  to  San  Diego  with  the  Congress  alone,  her  re 
sources  having  been  almost  exhausted  in  a  previous  campaign.  The  town  was 
besieged  by  the  insurgents,  and  there  were  no  stores  or  provisions  of  any  kind  in 
it,  and-we  were  reduced  to  one-fourth  allowance  of  bread.  We  had  to  build  a 
fort  to  mount  our  artillery,  to  make  our  saddles  and  bridles  and  harness ;  we 
had,  in  truth,  to  make  an  army,  with  all  its  necessary  appendages,  out  of  the 
mechanics  and  sailors  of  this  ship,  and  to  take  our  horses  and  beef  cattle  from 
the  enemy. 

The  industry,  perseverance,  and  hard  work,  as  well  as  enterprise  and -courage 
necessary  for  such  operations,  do  not  need  my  poor  commendation. 

We  commenced  our  march  on  the  29th  of  December,  with  Captain  Turner's 
company  of  1st  dragoons,  dismounted,  aided  by  Lieutenant  Davidson  :  six  pieces 
of  artillery  under  Lieutenant  R.  L.  Tilghman  and  Passed  Midshipman  William 
II.  Thompson ;  Captain  Gillespie's  squadron  of  mounted  riflemen,  acting  as  the 
advance,  the  rear,  and  vanguards  ;  Hie  marines  of  the  Congress  and  Portsmouth, 
under  Captain  J.  Zeilin,  adjutant  of  the  battalion  ;  the  musketeers  of  the  Con 
gress,  Savannah,  Cyane,  and  Portsmouth,  commanded  by  Lieutenant  William 
B.  Rerishaw,  Passed  Midshipman  John  Guest,  Acting  Lieutenants  B.  F.  B.  Hun 
ter  and  Edward  Higgins,  aided  by  Midshipmen  George  E.  Morgan,  J.  Van  Ness 


APPENDIX   A.  13 

Philip,  Theodoric  Lee,  Albert  Allmand,  B.  F.  Wells,  Edward  C.  Grafton,  Robert 
C.  Duvall,  and  Philip  II.  Ilaywood,  arid  William  Simmons,  commodore's  clerk; 
the  carbineers  of  the  Congress  and  Cyane,  under  the  orders  of  Passed  Midship 
men  J.  M.  Duncan  and  J.  Fenwick  Stenson,  and  Sailmaker  Reed,  aided  by  Mid 
shipmen  Joseph  Parish  and  Edmund  Shepherd ; — in  all,  a  strength  of  about  six 
hundred  men.  Brigadier-General  Kearney  commanding  the  division,  and  Lieu 
tenant  S.  C.  Rowan,  from  the  ship  Cyane,  major  of  brigade ;  Captain  W.  H. 
Emory,  of  the  topographical  engineers,  acting  adjutant-general;  Lieutenant 
George  Minor,  of  the  Savannah,  quarter-master,  in  charge  of  the  transportation, 
aided  by  Mr.  Daniel  Fisher.  Mr.  Speiden,  the  purser  of  the  Congress,  performed 
the  duties  of  commissary,  aided  by  Mr.  John  Bid  well.  Mr.  South  wick,  carpen 
ter  of  the  Congress,  acted  as  chief  engineer  at  the  head  of  the  sappers  and 
miners.  Dr.  John  S.  Griffin,  of  the  army,  Dr.  Andrew  A.  Henderson,  of  the 
Portsmouth,  and  Dr.  Charles  Eversfield,  of  the  Congress,  attended  the  troops. 
Lieutenant  A.  F.  V.  Gray  and  Captain  Miguel  de  Pedrovena,  aids-de-camp  to  the 
commander-in-chief. 

Our  men  were  badly  clothed,  and  their  shoes  generally  made  by  themselves 
out  of  canvas.  It  was  very  cold,  and  the  roads  heavy.  Our  animals  were  all 
poor  and  weak,  some  of  them  giving  out  daily,  which  gave  much  hard  work  to 
the  men  in  dragging  the  heavy  carts,  loaded  with  ammunition  and  provisions, 
through  deep  sands  and  up  steep  ascents,  and  the  prospect  before  us  was  far 
from  being  that  which  we  might  have  desired ;  but  nothing  could  break  down 
the  fine  spirits  of  those  under  my  command,  or  cool  their  readiness  and  ardour 
to  perform  their  duty  ;  and  they  went  through  the  whole  march  of  one  hundred 
and  forty-five  miles  with  alacrity  and  cheerfulness. 

During  the  day  of  our  march  to  the  cayotes,  we  learned  that  some  of  the 
enemy  were  in  our  rear  following  us  ;  and  as  we  approached  the  cayotes  several 
of  them  made  their  appearance  in  front  of  the  house  upon  the  hill,  and  waved 
their  lances  in  angry  defiance ;  but  on  the  approach  of  the  advance  guard  they 
rode  off  and  left  us  to  encamp  on  the  hill  near  the  house  without  molestation. 

Being  quite  satisfied  that  we  were  in  the  neighbourhood  of  the  enemy,  during 
the  night  a  confidential  person  was  sent  to  ascertain,  if  possible,  their  position ; 
he  returned,  and  informed  me  that  the  enemy  were  in  force  between  us  and  the 
Rio  San  Gabriel,  and  I  was  satisfied  that  the  enemy  intended  at  last  to  make  a 
stand  against  us,  and  to  fight  us  on  the  8th  day  of  January.  The  day  suited 
me.  Before  moving  that  morning,  the  arms  were  fired  and  reloaded,  and  each 
officer  and  man  was  assigned  his  position  for  the  fight,  and  was  reminded  that 
it  was  the  8th  day  of  January  and  the  anniversary  of  the  battle  of  New  Orleans. 

We  marched  at  nine  o'clock.  Immediately  on  reaching  the  plain  we  formed 
a  square,  our  baggage-packs,  spare  oxen,  and  beef  cattle  in  the  centre.  The 
advance  guard  under  Captain  Hensley,  company  C,  first  dragoons,  under  Cap 
tain  Turner,  and  company  D,  musketeers  of  the  Cyane,  under  Acting  Lieu 
tenant  Higgins,  occupied  the  centre,  with  two  pieces  of  artillery  on  each  flank, 
under  Lieutenant  Tilghman.  The  right  flank  composed  of  marines,  company  C, 
musketeers  of  the  Portsmouth,  Acting  Lieutenant  Hunter;  company  C,  car 
bineers,  Passed  Midshipman  Duncan ;  company  A,  carbineers-  of  the  Cyane, 
Acting  Master  Stenson  ;  and  company  A,  carbineers  of  the  Congress,  Sailmaker 
Peco ;  the  whole  under  command  of  Captain  Zeilin.  The  left  flank  composed 
of  company  B,  musketeers  of  the  Savannah,  company  A,  musketeers  of  the  Con 
gress,  under  Acting  Master  Guest ;  the  whole  under  the  command  of  Lieutenant 
Renshaw.  The  rear  composed  of  two  pieces  of  artillery,  under  Acting  Master 
William  H.  Thompson.  The  guard  of  the  day,  forty-nine  strong,  under  Midship 
man  Ilaywood ;  one  company  mounted  riflemen,  under  Lieutenant  Renshaw ; 
and  Captain  Santiago  E.  Arguello's  company  of  Californians,  under  Lieutenant 
Luis  Arguello  ;  the  whole  under  the  command  of  Captain  Gillespie.  When 
within  about  two  miles  of  the  Rio  San  Gabriel,  the  enemy  appeared  in  sight 
upon  the  hills  on  the  opposite  side ;  they  were  six  hundred  in  number,  in 
three  divisions,  their  right  about  two  miles  down  the  river.  As  we  approached, 
our  column  closed  up  and  moved  steadily  on  towards  the  ford,  when,  within  a 


14  APPENDIX   A. 

quarter  of  a  mile  of  the  river,  a  halt  was  ordered  and  dispositions  made  to  meet 
tne  enemy. 

A  detachment  of  marines,  under  Lieutenant  H.  B.  "Watson,  was  sent  to 
strengthen  the  left  flank  of  the  square.  A  party  of  the  enemy,  one  hundred 
and  fifty  strong,  had  now  crossed  the  river  and  made  several  ineffectual  attempts 
to  drive  a  band  of  wild  mares  upon  the  advance  party.  We  now  moved  forward 
to  the  ford  in  broken  files  ;  Captain  Hensley's  command  was  ordered  to  dis 
mount,  and,  acting  as  skirmishers,  it  deployed  to  the  front  and  crossed  the 
stream,  (which  is  about  fifty  yards  in  width,)  driving  before  them  a  party  of  the 
enemy  which  had  attempted  to  annoy  us.  The  enemy  had  now  taken  their  posi 
tion  upon  the  heights,  distant  six  hundred  yards  from  the  river  and  about  fifty 
feet  above  its  level ;  their  centre  or  main  body,  about  two  hundred  strong,  was 
stationed  immediately  in  front  of  the  ford,  upon  which  they  opened  a  fire  from 
two  pieces  of  artillery,  throwing  round  and  grape  shot  without  effect.  Their 
right  and  left  wings  were  separated  from  the  main  body  about  three  hundred 
yards.  Our  column  halted  upon  the  edge  of  the  stream  ;  at  this  time  the  guns 
were  unlimbered  to  return  the  enemy's  fire,  but  were  ordered  again  to  be  lim 
bered  and  not  a  gun  to  be  fired  until  the  opposite  bank  of  the  river  was  gained. 
The  two  nine-pounders,  dragged  by  officers  as  well  as  men  and  mules,  soon  reached 
the  opposite  bank,  when  they  were  immediately  placed  in  battery.  The  column 
now  followed  in  order  under  a  most  galling  fire  from  the  enemy,  and  became 
warmly  engaged  on  the  opposite  bank,  their  round  shot  and  grape  falling  thickly 
among  us  as  we  approached  the  stream,  without  doing  any  injury,  our  men 
marching  steadily  forward.  The  dragoons  and  Cyane's  musketeers,  occupying 
the  centre,  soon  crossed  and  formed  upon  a  bank  about  four  feet  above  the 
stream.  The  left,  advancing  at  the  same  time,  soon  occupied  its  position  across 
the  river. 

The  rear  was  longer  in  getting  across  the  water;  the  sand  being  deep,  its 
passage  was  delayed  by  the  baggage  carts ;  however,  in  a  few  moments  the 
passage  of  the  whole  force  was  effected  with  only  one  man  killed  and  one 
wounded,  notwithstanding  the  enemy  kept  up  an  incessant  fire  from  the 
heights. 

On  taking  a  position  upon  the  low  bank,  the  right  flank,  under  Captain  Zeilin, 
was  ordered  to  deploy  to  the  right ;  two  guns  from  the  rear  were  immediately 
brought  to  the  right ;  the  four-pounder,  under  Acting  Master  Thompson,  sup 
ported  by  the  riflemen  under  Lieutenant  Kenshaw.  The  left  flank  deployed 
into  line  in  open  order.  During  this  time  our  artillery  began  to  tell  upon  the 
enemy,  who  continued  their  fire  without  interruption.  The  nine-pounders, 
standing  in  plain  view  upon  the  bank,  were  discharged  with  such  precision 
that  it  soon  became  too  warm  for  the  enemy  to  remain  upon  the  brow  of  their 
heights  ;  eventually  a  shot  told  upon  their  nine-pounder,  knocked  the  gun  from 
its  trail,  astounding  the  enemy  so  much  that  they  left  it  for  four  or  five  minutes. 
Some  twenty  of  them  now  advanced,  and,  hastily  fastening  ropes  to  it,  dragged 
the  gun  to  the  rear.  Captain  Hensley's  skirmishers  now  advanced  and  took  the 
hill  upon  the  right,  the  left  wing  of  the  enemy  retreating  before  them.  The  six- 
pounder  from  the  rear  had  now  come  up ;  Captain  Hensley  was  ordered  to  sup 
port  it,  and  returned  from  the  hill.  This  movement  being  observed,  the  enemy's 
left  made  an  attempt  to  charge  the  two  guns  ;  but  the  right  flank  of  the  marines, 
under  Captain  Zeilin,  being  quickly  thrown  back,  showed  too  steady  a  front  for 
the  courage  of  the  Californians  to  engage,  who  wheeled  to  the  left  and  dashed 
to  the  rear  across  the  river.  At  this  time  the  enemy  were  observed  collecting 
on  our  left  and  making  preparations  to  charge  our  left  flank.  General  Kearney 
was  now  ordered  to  form  a  square  with  the  troops  on  the  right  flank,  upon  which 
the  left  flank,  in  case  of  being  worsted,  might  rally.  The  right  wing  of  the 
enemy  now  made  an  unsuccessful  attempt  to  charge  our  left,  but,  finding  so 
warm  a  reception  from  the  musketeers  of  the  Savannah  and  Congress,  under 
Lieutenant  Renshaw  and  Acting  Master  Guest,  as  also  the  small  party  of  ma 
rines  under  Lieutenant  II.  B.  Watson,  they  changed  their  purpose  and  retired, 
when  a  discharge  of  artillery  told  upon  their  ranks.  The  guard  of  the  day, 


APPENDIX   A.  15 

under  Midshipman  Hay  wood,  protected  the  animals  in  the  rear,  awaiting  with 
patience  for  the  enemy  to  give  them  an  opportunity  to  open  a  fire. 

The  dispositions  for  charging  the  heights  were  now  made.  The  troops  having 
been  brought  into  line,  the  command  forward  being  given,  on  they  went,  (the 
artillery  in  battery,)  charging  the  heights,  which  the  enemy's  centre  contested 
for  a  few  moments,  then  broke  in  retreat,  their  right  wing  charging  upon  the 
rear,  under  Captain  Gillespie,  encumbered  with  packs,  baggage,  horses,  and 
cattle ;  but,  receiving  a  well-directed  fire  from  the  guard,  which  hurled  some  of 
them  from  their  saddles,  they  fled  at  full  speed  across  the  river  we  had  just  left. 
The  other  portion  of  their  forces  retreated  behind  their  artillery,  which  had  taken 
position  in  a  ravine,  and  again  opened  its  fire  upon  our  centre ;  our  artillery  was 
immediately  thrown  forward,  the  troops  being  ordered  to  lie  down  to  avoid  the 
enemy's  cannon-balls,  which  passed  directly  over  their  heads. 

The  fire  from  our  artillery  was  incessant,  and  so  accurate  that  the  enemy  were 
from  time  to  time  driven  from  their  guns,  until  they  finally  retreated. 

We  were  now  in  possession  of  the  heights  where,  a  short  time  before,  the  in 
surgents  had  so  vauntingly  taken  strong  position ;  and  the  band,  playing 
"Hail  Columbia!"  and  "Yankee  Doodle/'  announced  another  glorious  victory 
on  the  8th  day  of  January. 

Our  loss  in  this  action  was  ascertained  to  be  two  killed  and  nine  wounded. 
The  enemy's  loss  we  could  not  ascertain  with  any  certainty,  as  they  carried  away 
both  killed  and  wounded  upon  their  horses. 

We  moved  down  the  heights  until  they  brought  us  near  the  river,  where  we 
encamped,  having  our  cattle,  horses,  and  mules  under  the  bank,  safely  pro 
tected.  Tattoo  was  beat  at  an  early  hour,  and  the  camp  retired  to  rest.  At 
about  twelve  o'clock,  the  picquets  having  been  fired  upon,  the  camp  was  soon 
under  arms  in  the  most  perfect  order.  Finding  the  enemy  made  no  further  de 
monstration,  after  remaining  under  arms  a  short  time,  we  again  sought  our 
blankets,  and  nothing  disturbed  our  repose  until  the  sounding  of  the  reveille  on 
the  9th  told  us  to  be  stirring. 

At  daylight,  Captain  Zeilin  was  despatched  with  a  party  of  thirty  marines  to 
a  rancho  about  three-quarters  of  a  mile  from  camp,  to  ascertain  if  there  were 
any  persons  concealed  about  it,  or  whether  there  was  any  barley  or  provisions 
to  be  found  there  ;  finding  none,  he  returned  with  his  party  about  sunrise,  with 
out  meeting  any  of  the  enemy. 

At  nine  o'clock  our  column  commenced  its  march,  taking  a  direct  course  over 
the  plain  of  the  Mesa,  towards  Ciudad  de  los  Angeles.  We  had  advanced  some 
six  miles  when  the  enemy  appeared  in  front,  deployed  in  open  order,  their  line 
extending  nearly  across  our  road.  Approaching  a  ravine  to  the  left  of  their  line 
in  front,  the  enemy  opened  a  fire  from  their  artillery,  masked  upon  the  edge  of 
the  bank,  but  with  no  other  effect  than  killing  an  ox  and  mule  in  the  centre  of 
the  square.  Our  artillery  soon  returned  the  fire  while  still  continuing  the 
march;  the  enemy  now  brought  up  two  other  pieces  of  artillery;  our  column 
halted  ;  our  artillery  on  the  two  flanks  in  front  was  now  placed  in  battery.  The 
six-pounder  under  Acting  Master  Thompson,  upon  our  right  flank  in  rear,  now 
opened  its  fire  upon  the  enemy's  nine-pounder,  the  shot  telling  upon  it  and  cut 
ting  away  the  fixtures  about  the  gun  at  every  fire.  The  enemy  in  front  and 
upon  the  right  was  now  distant  about  six  hundred  yards ;  the  nine-pounders, 
one  of  them  in  charge  of  Mr.  Southwick,  soon  made  it  so  warm  for  their  artil 
lery  in  front  that  the  enemy  bore  it  off  to  their  rear. 

A  reinforcement  now  joined  them,  and,  soon  after,  down  they  came  upon  us, 
charging  upon  the  left  flank,  front  and  rear.  A  shower  of  lead  from  the  mus 
ketry  under  Renshaw  and  Guest,  and  Passed  Midshipman  Duncan's  carbineers, 
(who  had  to-day  taken  post  on  the  left  flank,)  being  well  delivered,  at  a  distance 
of  eighty  yards,  did  so  much  havoc  that  their  courage  failed,  and  caused  them 
to  draw  off  more  to  the  rear,  which  had  until  this  moment  stood  firm  without 
firing  a  shot.  The  four-pounder  now  poured  forth  a  charge  of  grape  upon  a 
party  of  the  enemy  about  thirty  yards  distant,  hurling  four  from  their  saddles, 
and  they  again  retired. 

The  Californians  now  retreated,  and  we  pursued  our  march  along  the  Mesa 

15 


16  APPENDIX   A. 

and  crossed  the  Rio  San  Fernando  about  three  miles  below  the  town,  where  we 
encamped  for  the  night. 

During  the  day  we  lost  but  one  killed  and  five  wounded,  notwithstanding  the 
shot  from  the  enemy,  both  round  and  grape,  and  from  the  carbines  of  the  horse 
men,  fell  thick  among  our  men,  who  undauntedly  pursued  their  march  forward. 
On  the  10th  our  tents  were  struck  at  an  early  hour;  but,  the  morning  being  cold 
and  the  town  being  distant  but  three  miles,  our  march  was  delayed  until  about 
ten  o'clock. 

We  entered  the  City  of  the  Angels,  our  band  playing  as  we  marched  up  the 

Srincipal  street  to  the  square,  our  progress  being  slightly  molested  by  a  few 
runken  fellows  who  remained  about   the  town.     The  riflemen,  having  been 
sent  to  the  heights  commanding  the  town,  were  soon  followed  by  Lieutenant 
Tilghman,  with  two  pieces  of  artillery,  supported  by  the  marines  under  Cap 
tain  Zeilin,  the  enemy,  in  small  force,  retiring  out  of  sight  upon  their  approach. 

Captain  Gillespie,  having  received  the  order,  now  hoisted  the  same  flag  upon 
the  government-house  of  the  country  which  he  hauled  down  when  he  retreated 
from  the  city  in  September  last. 

Enclosed  I  send  the  report  of  our  killed  and  wounded.  Our  loss  was  three 
killed  and  fourteen  wounded;  that  of  the  enemy  between  seventy  and  eighty, 
besides  many  horses. 

My  narrative  is  done.  Our  friends  and  the  territory  have  been  rescued.  I 
will  only  add  that  we  had,  of  course,  to  simplify  military  tactics  for  our  own 
use.  We  had,  therefore,  but  five  orders, — viz.:  form  line,  form  square,  fire,  repel 
charge,  charge.  The  celerity  and  accuracy  with  which  they  could  perform 
these  evolutions  were  remarkable,  and  bade  defiance  even  to  the  rapid  move 
ments  of  Californian  cavalry. 

I  have  thus  truly  exhibited  to  you,  sir,  sailors,  (who  were  principally  armed 
with  boarding-pikes,  carbines,  and  pistols,  having  no  more  than  about  two  hun 
dred  bayonets  in  the  whole  division,)  victorious  over  an  equal  number  of  the 
best  horsemen  in  the  world,  well  mounted  and  well  armed  with  carbines  and 
pistols  and  lances.  I  have  nothing  to  bestow  on  these  gallant  officers  and  men 
for  their  heroism  except  my  poor  commendation,  which  I  most  sincerely  give  to 
them,  individually  and  collectively.  I  must,  therefore,  recommend  them  to  you 
for  the  greatest  reward  a  patriot  may  claim, — the  approbation  of  their  country. 

Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON, 

To  the  Hon.  GEO?.GE  BANCROFT,  Commander-in- Chief. 

Secretary  of  the  Navy,  Washington,  D.  C. 


CIUDAD  DE  LOS  ANGELES,  January  11,  1847. 

SIR: — I  have  the  honour  to  furnish  a  statement  of  the  killed  and  wounded  in 
the  actions  of  the  8th  and  9th  instants,  and  also  a  report  from  the  senior  surgeon 
-present  John  S.  Griffin,  viz.: — 

January  8. 

Kitted — Artillery,  1  private,  (U.  S.  seaman.) 

Wounded — Artillery,  1  private,  (volunteer  from  the  California  battalion;)  foot, 
7  privates,  (United  States  seamen;)  marines,  1  private. 
Total— I  killed,  9  wounded. 

January  9. 

Wounded — 1st  dragoons,  1  private;  foot,  1  officer,  (Lieutenant  Rowan,  United 
States  navy,)  2  privates,  (United  States  seamen;)  California  battalion,  1  officer, 
(Captain  Gillespie.) 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

W.  H.  EMORY. 

Lieut.  Topographical  Engineers 

His  Excellency  R.  F.  STOCKTON,  and  Acting  Adjutant- General. 

Governor  of  California,  &c. 


APPENDIX   A.  IT 

CIUDAD  DE  LOS  ANGELES,  CALIFORNIA,  January  11,  1847. 

STATEMENT. 

Killed  and  wounded  in  the  action  of  the  8th  January,  1847. 

Killed — Frederick  Strauss,  seaman,  United  States  ship  Portsmouth,  artillery 
corps,  cannon-shot  in  neck. 

Wounded — 1st,  Jacob  Halt,  volunteer,  artillery-driver,  wound  in  left  breast — 
died  on  evening  of  the  9th;  2d,  Thomas  Smith,  ordinary  seaman,  ship  Cyane, 
company  D,  musketeers,  shot  by  accident  through  the  right  thigh — died  on 
night  of  the  8th;  3d,  William  Cose,  seaman,  United  States  ship  Savannah,  com 
pany  B,  musketeers,  wound  in  right  thigh  and  right  arm,  severe;  4th,  George 
Bantam,  ordinary  seaman,  United  States  ship  Cyane,  pikeman,  punctured 
wound  of  hand,  accidental — slight;  5th,  Patrick  Cambell,  seaman,  United  States 
ship  Cyane,  company  D,  musketeers,  wound  in  thigh  by  spent  ball — slight;  6th, 
William  Scott,  private,  United  States  marine  corps,  United  States  ship  Ports 
mouth,  wound  in  chest,  spent  ball — slight;  7th,  James  Ilendy,  United  States 
ship  Congress,  company  A,  musketeers,  wound  over  stomach,  spent  ball — slight; 
8th,  Joseph  Wilson,  seaman,  United  States  ship  Congress,  company  A,  musket 
eers,  wound  in  right  thigh,  spent  ball — slight ;  9th,  Ivory  Coffin,  seaman,  United 
States  ship  Savannah,  company  B,  musketeers,  contusion  of  right  knee,  spent 
ball— slight. 

Wounded  on  the  9th. 

1st,  Mark  A.  Child,  private,  company  C,  1st  regiment  of  dragoons,  gunshot 
wound  in  right  heel,  penetrating  upwards  into  the  ankle-joint — severe;  2d,  James 
Cambell,  ordinary  seaman,  United  States  ship  Congress,  company  D,  carbineers, 
wound  in  right  foot,  second  toe  amputated,  accidental  discharge  of  his  own  car 
bine — severe;  3d,  George  Crawford,  boatswain's  mate,  United  States  ship  Cyane, 
company  D,  musketeers,  wound  in  left  thigh — severe. 

Lieutenant  Rowan,  United  States  navy,  and  Captain  Gillespie,  California 
battalion,  slightly  contused  by  spent  balls. 

I  am,  sir,  most  respectfully,  your  obedient  servant, 

JOHN  S.  GRIFFIN, 

Assistant  Surgeon,  United  States  Army. 
To  CAPTAIN  WM,  II.  EMORY, 

Assistant  Adjutant- General,  United  States  forces. 


From  Executive  Document  No.  1,  accompanying  the  President's  mes 
sage  at  the  2nd  Session  of  the  Thirtieth  Congress,  December,  '1848. 

REPORT   OF    COMMODORE    STOCKTON    OF    HIS    OPERATIONS    ON    THE    COAST    OF    THE 

PACIFIC. 

WASHINGTON,  D.  C.,  February  18,  1848. 

SIR: — On  my  return  from  California  in  November  last,  the  circumstances  of 
the  times  seemed  to  present  reasons  for  delaying  a  full  report  of  my  transactions 
and  operations  on  the  coast  of  the  Pacific. 

The  authority  under  which  I  had  acted  was  questioned  or  denied;  the  validity 
of  much  that  had  been  done  was  doubted,  and  investigations  were  on  foot  in 
which  the  propriety  of  my  proceedings  might  be  brought  to  the  especial  notice 
of  the  Executive. 

After  a  full  consideration  of  the  circumstances,  to  which  it  is  unnecessary 
here  further  to  allude,  it  appeared  to  me  decorous  and  respectful  to  withhold,  for 
a  brief  period,  my  own  views  of  the  questions  in  which  I  was  to  some  extent 
implicated,  and  to  leave  the  Executive  to  learn  the  details  of  those  transactions 
from  other  quarters.  The  period,  however,  has  now  arrived  in  which  I  feel  that 


18  APPENDIX    A. 

I  can,  •without  the  imputation  of  improper  feelings  or  motives,  lay  before  the 
Executive,  in  a  tangible  and  official  form,  a  narrative  of  the  occurrences  which 
J  directed  in  California;  explain  the  circumstances  which  induced  the  course 
which  I  pursued,  the  motives  by  which  I  was  guided,  the  objects  which  I  de 
signed  to  accomplish,  and  thus  to  put  the  President  in  possession  of  ample 
means  to  form  a  judgment  upon  my  conduct.  It  appears  now  to  be  no  longer 
questioned  that  I  actually  possessed  and  exercised  the  powers  of  governor  of 
California  and  commander-in-chief  of  the  forces  of  the  United  States  in  that 
quarter,  and  that,  whether  rightfully  or  wrongfully,  I  executed  the  duties  and 
administered  the  functions  appertaining  to  these  high  offices,  for  the  administra 
tion  of  which  I  am  alone  responsible.  The  despatches  which  were  from  time 
to  time  addressed  to  the  Department  were  designed  to  furnish  the  government 
with  accurate  information  of  what  transpired ;  but,  under  the  circumstances  in 
which  they  were  prepared,  it  did  not  enter  into  my  purpose  to  give  a  general 
narrative  of  the  entire  operations.  Opening  a  full  view  of  the  circumstances 
which  influenced  my  judgment  in  selecting  the  course  which  was  adopted,  and 
the  policy  by  which  that  course  was  determined,  with  your  permission  I  beg 
leave,  at  this  time,  to  perform  this  duty;  the  obligations  to  do  which,  at  this 
juncture,  seem  to  me  more  imperative,  since  it  appears  that  in  an  official  com 
munication  addressed  to  the  Department  by  my  successor  in  command,  I  am  in 
the  most  explicit  terms  censured  for  premature  as  well  as  injudicious  action. 
With  what  of  propriety  or  of  professional  courtesy  this  condemnation  has  been 
passed  by  an  officer  of  equal  rank  with  myself,  without  any  report  or  commu 
nication  to  him  of"  what  had  occurred,  or  the  reasons  by  which  I  was  governed, 
is  not  so  apparent.  Under  the  instructions  from  the  Department,  I  arrived,  in 
command  of  the  United  States  frigate  Congress,  at  the  harbour  of  Monterey, 
about  the  middle  of  July,  1846.  The  American  flag  was  there  flying.  I  im 
mediately  went  on  board  the  United  States  frigate  Savannah,  then  lying  off  that 
town,  and,  in  conformity  with  my  orders,  I  reported  myself  to  Commodore  Sloat 
as  forming  part  of  the  squadron  then  under  his  command.  From  him  I  learned 
that  in  the  preceding  month  of  June,  while  lying  off  Mazatlan,  he  had  received 
intelligence  that  war  had  commenced  between  the  United  States  and  Mexico; 
that  he  had  forthwith  proceeded  to  tylonterey,  landed  a  force,  and  hoisted  the 
flag  of  the  United  States  without  resistance.  In  the  course  of  our  interview, 
Commodore  Sloat  apprised  me  of  his  intention  to  return  in  a  short  time  to  the 
United  States,  whereby  the  command  of  the  squadron  would  devolve  upon  me. 
In  this  position  it  became  my  duty  to  examine  into  the  state  of  affairs,  and,  in 
view  of  the  responsibility  which  was  about  to  rest  upon  me,  to  obtain  all  the 
information  which  would  enable  me  to  exercise  a  proper  judgment  as  to  the 
ulterior  measures  to  be  pursued.  The  result  of  my  inquiries  and  investigations 
showed  me  that  the  position  I  was  about  to  occupy  was  an  important  and 
critical  one.  The  intelligence  of  the  commencement  of  hostilities  between  the 
two  nations,  although  it  had  passed  through  Mexico,  had  reached  Commodore 
Sloat  in  advance  of  the  Mexican  authorities.  When  he  made  his  first  hostile 
demonstrations,  therefore,  the  enemy,  ignorant  of  the  existence  of  the  war,  had 
regarded  his  acts  as  an  unwarrantable  exercise  of  power  by  the  United  States, 
and  the  most  lively  indignation  and  bitter  resentment  pervaded  the  country. 

The  public  functionaries  of  the  territory  were  not  slow  in  availing  themselves 
of  this  feeling,  and  endeavoured  to  stimulate  it  to  the  highest  possible  degree. 
A  proclamation  was  put  forth,  denouncing  in  the  most  unmeasured  terms  all 
foreigners;  but  it  was  unquestionably  aimed  principally  at  the  citizens  of  the 
United  States,  and  such  others  as  sympathized  with  them.  Two  or  three  were, 
in  fact,  murdered,  and  all  were  led  to  apprehend  extermination  from  the  san 
guinary  feeling  of  resentment  which  was  everywhere  breathed. 

The  local  legislature  was  in  session.  Governor  Pio  Pico  had  assembled  a 
force  of  about  seven  hundred  or  one  thousand  men,  supplied  with  seven  pieces 
of  artillery,  breathing  vengeance  against  the  perpetrators  of  the  insult  and- 
injury  which  they  supposed  to  have  been  inflicted.  These  hostile  demonstra 
tions  were  daily  increasing,  and,  by  the  time  that  the  command  devolved  on  me 
by  the  departure  of  Commodore  Sloat,  the  situation  of  things  had  assumed  a 


APPENDIX    A.  19 

critical  and  alarming  appearance.  Every  citizen  and  friend  of  the  United  States 
throughout  the  territory  was  in  imminent  jeopardy;  he  could  count  upon  no 
security  for  either  property  or  life.  It  was  well  known  that  numerous  emigrants 
from  the  United  States  were  on  their  way  to  Upper  California.  These,  march 
ing  in  small  and  detached  parties,  encumbered  with  their  wives  and  children 
and  baggage,  uninformed  of  the  war  and  consequently  unprepared  for  attack, 
would  have  been  exposed  to  certain  destruction. 

It  was  also  ascertained  that,  in  the  anticipation  of  the  eventful  conquest  of 
the  country  by  the  United  States,  many  of  those  in  the  actual  possession  of 
authority  were  preparing  for  this  change  by  disposing  of  the  public  property, 
so  that  it  might  be  found  in  private  hands  when  the  Americans  should  acquire 
possession,  believing  that  private  rights  would  be  protected  and  individual 
property  secure.  Negotiations  were  in  actual  progress  thus  to  acquire  three 
thousand  leagues  of  land,  and  to  dispose  of  all  the  most  valuable  portions  of 
the  territory  appertaining  to  the  missions  at  nominal  prices,  so  that  the  con 
querors  should  find  the  entire  country  appropriated  to  individuals,  and  in  hands 
which  could  effectually  prevent  sales  to  American  citizens,  and  thus  check  the 
tide  of  emigration,  while  little  or  no  benefit  would  result  to  the  nation  from  the 
acquisition  of  this  valuable  territory. 

All  these  considerations,  together  with  others  of  inferior  moment,  seemed  to 
make  prompt  and  decisive  action  an  imperative  duty.  To  retain  possession 
merely  of  a  few  seaports,  while  cut  off  from  all  intercourse  with  the  interior, 
exposed  to  constant  attack  by  the  concentrated  forces  of  an  exasperated  enemy, 
appeared  wholly  useless.  Yet  to  abandon  ground  which  we  had  occupied,  to 
withdraw  onr  forces  from  these  points,  to  yield  places  where  our  flag  had  been 
floating  in  triumph,  was  an  alternative  not  to  be  thought  of,  except  as  a  last 
resource.  Not  only  would  all  the  advantages  which  had  been  obtained  be  thus 
abandoned,  and  perhaps  never  be  regained  without  great  expenditure  of  blood 
and  treasure,  but  the  pride  and  confidence  of  the  enemy  would  be  increased  to 
a  dangerous  extent  by  such  indications  of  our  weakness  and  inability  to  main 
tain  what  we  had  won. 

Previous  to  the  departure  of  Commodore  Sloat,  he  had,  at  my  instance,  and 
upon  my  representations,  placed  at  my  disposal  the  United  States  sloop-of-war 
Cyane,  as  well  as  the  forces  on  shore.  I  immediately  apprised  Captain  Fremont, 
then  of  the  topographical  corps,  with  whom  I  had  previous  communications,  of 
the  position  in  which  I  was  placed,  and  that  I  had  determined  upon  my  plan  of 
operations. 

Captain  Fremont  and  Lieutenant  Gillespie,  of  the  marine  corps,  had  already 
raised  a  body  of  100  volunteers,  prepared  to  act  according  to  circumstances. 
I  informed  those  gentlemen  that  if  they,  together  with  the  men  whom  they  had 
raised,  would  volunteer  to  serve  under  my  command  so  long  as  I  should  remain 
in  California  and  require  their  services,  that  I  would  form  them  into  a  battalion, 
appointing  the  former  major  and  the  latter  captain.  These  arrangements  were 
all  completed  in  the  course  of  the  23d  of  July,  and  my  letters  of  that  date  to 
Commodore  Sloat,  to  Commander  Du  Pont,  and  Captain  Fremont,  on  file  in  the 
Department,  will  have  apprised  you  of  my  movements. 

It  was  thus  that  the  battalion  of  California  volunteers  was  organized,  which 
subsequently,  under  its  gallant  officers,  took  so  patriotic  and  efficient  a  part  in 
the  military  operations  in  that  territory.  It  was  received  into  the  service  of  the 
United  States  to  aid  the  navy,  as  essential  as  well  to  the  maintenance  of  the 
position  we  then  occupied  as  to  execute  the  plans  which  I  had  contemplated  in 
the  interior. 

A  few  days  subsequently,  Commodore  Sloat  sailed  in  the  Levant,  thus  de 
volving  upon  me  the  command  of  the  entire  force,  both  afloat  and  on  shore. 
That  force  then  consisted  of  the  frigates  Congress  and  Savannah,  sloops-of-war 
Portsmouth,  Cyane,  and  Warren,  and  the  store-ship  Erie.  The  Portsmouth  was 
at  San  Francisco,  the  Congress  and  Savannah  at  Monterey,  the  Cyane  had  been 
sent  with  the  California  battalion  to  San  Diego,  the  Warren  was  at  Mazatlan, 
and  the  Erie  at  the  Sandwich  Islands.  The  force  to  be  employed  on  land  con 
sisted  of  SCO  men,  furnished  from  the  Congress,  provided  with  about  00  muskets 


20  APPENDIX   A. 

and  bayonets,  some  small  cannon  procured  from  the  merchant-vessels,  and  the 
battalion  of  volunteers,  all  indifferently  provided  with  the  appendages  of  an 
army. 

Leaving  the  Savannah  at  Monterey,  for  its  protection,.  I  sailed  about  the  first 
of  August,  in  the  Congress,  for  San  Pedro.  This  town  is  situated  about  28 
miles  from  Ciudad  de  los  Angeles,  in  the  vicinity  of  which  the  enemy  was 
stated  to  be.  On  the  way  to  San  Pedro,  we  landed  at  Santa  Barbara,  of  which 
we  took  possession,  and,  leaving  a  small  force  for  its  defence,  proceeded  to  San 
Pedro,  where  we  arrived  on  the  6th  of  August.  Here  information  was  received 
of  the  arrival  of  the  Cyane  at  San  Diego,  of  the  landing  of  the  battalion,  and 
that  Major  Fremont  had  experienced  great  difficulty  in  procuring  the  necessary 
supply  of  horses.  We  immediately  commenced  the  landing  of  our  forces  from 
the  frigate.  On  the  following  day  two  persons  arrived  representing  themselves 
to  be  commissioners  sent  from  General  Castro,  authorized  to  enter  into  negotia 
tions  with  me,  and  bearing  a  letter  from  the  General,  which  is  already  in  pos 
session  of  the  Department.  "Before,  however,  they  would  communicate  the  ex 
tent  of  their  power  or  the  nature  of  their  instructions,  they  made  a  preliminary 
demand  that  the  further  march  of  the  troops  must  be  arrested,  and  that  I  must 
not  advance  beyond  the  position  which  I  then  occupied.  This  proposition  was 
peremptorily  declined.  I  announced  my  determination  to  advance;  and  the 
commissioners  returned  to  their  camp  without  imparting  further  the  objects  of 
the  proposed  negotiations.  Independently  of  the  character  of  the  preliminary 
conditions  insisted  upon  by  these  commissioners,  various  considerations  induced 
me  to  be  averse  to  any  negotiations  in  the  existing  state  of  affairs,  and  to  press 
forward  for  the  purpose  of  dispersing  the  forces  which  had  been  collected  to 
oppose  my  progress.  Some  of  these  considerations  I  feel  it  my  duty  to  submit 
to  your  notice,  that  my  objects  and  designs  may  be  properly  appreciated  by  the 
government.  From  the  brief  period  which  had  intervened  since  the  commence 
ment  of  hostilities,  it  was  obvious  that  the  central  government  in  Mexico  could 
not  have  been  apprised  of  the  existing  state  of  affairs;  and,  therefore,  could 
not  have  communicated  to  this  remote  quarter  orders  and  instructions  accom 
modated  to  these  circumstances.  The  local  functionaries,  therefore,  who  pro 
posed  to  negotiate  with  me,  must  have  acted  upon  their  own  authority,  and 
their  proceedings  with  a  foreign  power  must  depend  for  their  validity  upon  the 
subsequent  ratification  and  approval  by  the  general  government.  Such  ratifica 
tion,  it  was  confidently  believed,  would  be  given  or  withheld,  according  as  the 
exigencies  of  the  times  made  advisable.  Any  arrangements,  therefore,  by 
which  the  further  progress  of  the  American  arms  would  be  stayed,  would  have 
left  all  the  advantages  to  the  one  party.  It  was  further  manifest  that  the  single 
act  of  entering  into  negotiations  with  this  local  authority  would  have  been  a 
recognition  of  its  power  to  act  definitively  upon  other  subjects.  If  it  could  treat 
with  us,  a  foreign  foe,  it  would  be  impossible  to  deny  its  authority  in  matters 
more  obviously  within  its  sphere  of  action.  The  transfer  of  the  public  domain 
and  property  could  scarcely  have  been  questioned  by  us;  and,  as  was  well 
understood,  arrangements  were  in  progress  to  transfer  all  of  it  that  was  valuable 
to  private  hands,  bitterly  inimical  to  the  United  States  and  its  interests.  To 
prevent  the  accomplishment  of  this  design  was  one  of  the  chief  objects  which 
had  been  contemplated  from  the  organization  and  march  of  the  forces  under 
my  command;  to  enter  into  negotiations  without  the  entire  dispersement  of  the 
local  government,  and  of  the  troops  which  it  had  assembled  for  its  defence, 
would  have  been  absolutely  to  relinquish  this  highly  important  design.  In 
addition  to  this,  preservation  of  American  interests,  and  of  the  lives  and  pro 
perty  of  our  citizens  already  in  California  and  on  their  way  to  this  territory, 
imperatively  demanded  that  the  troops  which  had  been  assembled  under  General 
Castro  should  be_defeated  or  dispersed.  The  condition  insisted  upon  as  a  pre 
liminary  clearly  indicated  that  no  arrangement  would  be  acceded  to  which  did 
not  leave  the  Mexicans  in  the  full  possession  of  power  throughout  the  province ; 
and,  if  left  in  this  possession,  relieved  from  all  apprehensions  of  molestation  on 
our  side,  they  would  have  been  enabled  to  direct  all  their  energies  and  force  to 
the  accomplishment  of  other  objects. 


APPENDIX    A.  21 

The  extermination  of  the  Americans,  which  had  been  threatened  in  the  pro 
clamation  already  referred  to,  \vas  too  much  in  accordance  with  the  feelings 
which  pervaded  the  country  and  with  the  policy  which  governed  its  rulers  not 
to  have  been  the  immediate  and  certain  result  of  any  opening  of  negotiations  be 
gun  under  such  inauspicious  signs  as  were  insisted  upon  as  preliminary  con 
ditions.  Every  evil  consequence  which  I  had  apprehended  would  result  from 
leaving  things  as  they  were  found  on  my  arrival  in  California  was  still  to  be 
feared ;  and  even  the  movements  which  had  already  been  made,  unless  pressed 
to  a  successful  close,  would  have  tended  only  to  aggravate  and  precipitate  them. 
There  -uas,  further,  every  reason  to  believe  that  the  principal,  if  not  the  only, 
object  which  the  Mexicans  were  sincerely  desirous  to  obtain,  was  to  gain  time ; 
and  this  would  have  been  accomplished  with  entire  certainty  by  the  mere  com 
mencement  of  negotiations  and  the  arrest  of  our  advance,  without  reference  to 
its  final  termination. 

Our  march  would  necessarily  have  been  suspended  at  the  outset ;  the  sailors 
and  marines  must  have  re-embarked  ;  the  California  battalion,  so  prompt  and 
energetic  in  volunteering  to  aid  us,  must  have  been  abandoned  to  its  own  re 
sources,  and,  thus  insulated  and  unsupported,  must  either  have  dispersed  or 
fallen  a  sacrifice  to  an  exasperated  and  powerful  enemy.  In  the  meanwhile,  the 
Mexican  General,  relieved  from  all  danger  of  disturbance  from  us,  might,  and 
certainly  would,  have  increased  his  numerical  force,  augmented  still  more  its 
efficiency,  until  he  had  acquired  the  capacity  of  expelling  us  from  the  places 
which  had  submitted  to  our  arms. 

The  foregoing  were  among  the  prominent  reasons  which  determined  me  to  re 
ject  the  Mexican  proffers  of  negotiation,  and  I  trust  they  are  such  as  recom 
mend  my  proceedings  to  the  favourable  consideration  and  approval  of  the 
President. 

The  commissioners  were  dismissed  to  their  own  camp,  with  an  intimation  that 
I  should  immediately  follow  them,  and  that  the  result  of  a  battle  would  speedily 
determine  whether  General  Castro  and  Governor  Pio  Pico,  or  myself,  were  to 
exercise  authority  over  the  inhabitants  and  territory  of  California. 

Two  or  three  days  afterwards,  other  persons  arrived  from  the  camp  of  General 
Castro,  with  a  communication  from  that  functionary,  stating  his  determination 
to  defend  the  country  to  the  last  extremity,  and  indulging  in  the  most  extrava 
gant  language. 

Having  completed  all  the  arrangements  which  time  and  circumstances  per 
mitted,  and  despatched  a  courier  to  Major  Fremont,  apprising  him  of  my  move 
ments,  we  commenced  our  march  towards  the  camp  of  the  enemy  on  the  llth  of 
August.  In  the  course  of  the  afternoon  of  that  day  information  reached  us  that 
the  enemy's  force,  instead  of  awaiting  our  approach,  had  dispersed ;  that  they 
had  buried  their  guns,  and  that  the  governor  and  general  had  retreated,  as  was 
supposed,  towards  Sonora.  We  continued  our  march  towards  Ciudad  de  los 
Angeles,  and  on  the  13th,  having  been  joined  by  Major  Fremont  with  about  120 
volunteers  under  his  command,  we  marched  into  the  city,  which  we  quietly 
occupied. 

Alter  the  dispersement  of  the  army  of  the  enemy,  the  flight  of  the  general  and 
governor-in-chief  out  of  the  territory,  a  number  of  the  officers  of  the  Mexican 
army  were  captured  and  made  prisoners  of  war.  Among  these  were  Jose  Maria 
Flores,  whose  name  will  hereafter  appear  prominently,  and  Don  Andres  Pico, 
brother  of  Governor  Pio  Pico.  These  officers  Avere  released  upon  their  parole 
of  honour  not  to  bear  arms  against  the  United  States  pending  the  war,  unless 
exchanged ;  with  what  of  fidelity  they  performed  this  obligation  will  appear  in 
the  sequel.  The  people  in  general  came  in,  tendered  their  submission  to  our 
authority,  and  promised  allegiance  to  our  government.  Every  indication  of  a 
hostile  force  had  now  disappeared  from  the  country,  tranquillity  was  restored,, 
and  I  forthwith  determined  to  organize  a  temporary  civil  government  to  conduct 
public  affairs  and  to  administer  justice  as  in  time  of  peace.  Various  considera 
tions  prompted  to  this  course.  It  appeared  to  me  that  the  existence  of  such  a 
government,  under  the  authority  of  the  United  States,  would  leave  no  pretence 
upon  which  it  might  be  urged  that  the  conquest  of  the  country  had  not  been 


22  APPENDIX    A. 

accomplished.  While  merely  the  military  power  exercised  power,  enforcing  its 
authority  by  martial  law  and  executing  its  functions  through  the  instrumen 
tality  of  a  regular  military  force,  nothing  could  be  regarded  as  settled, 
and  opposition  to  its  power  would  be  considered  as  a  lawful  opposition 
to  a  foreign  enemy.  When,  however,  the  whole  frame  of  civil  adminis 
tration  should  be  organized, —  courts  and  judges  performing  their  accustomed 
functions — public  taxes  and  imposts  regularly  collected  and  appropriated  to  the 
ordinary  objects  and  purposes  of  government, — any  opposition  might  be  j.ustly 
deemed  a  civil  offence,  and  the  appropriate  punishment  inflicted  in  the  ordinary 
course  of  administering  justice. 

Indeed,  the  law  military  appeared  to  me  wholly  inadequate  to  the  emergency. 
It  could  not  reach  many  of  the  objects  over  which  a  salutary  control  ought  to  be 
exercised.  It  could  riot  effectively  administer  the  property  or  sufficiently  guard 
private  rights.  A  civil  government  which  should,  through  its  various  function 
aries,  pervade  the  entire  country,  exercise  a  superintendence  over  all  the  in 
habitants,  discover,  restrain,  and  punish  all  acts  of  insubordination,  detect  and 
check  all  attempts  at  a  hostile  organization,  recognise  and  sanction  the  pos 
session,  use,  and  transfer  of  property,  inflict  upon  criminals  the  appropriate 
punishment,  and  remedy  injuries  inflicted  upon  individuals,  seemed  not  only 
an  important  instrument  in  the  accomplishment  of  the  objects  which  I  had  in 
view,  but  essential  to  the  attainment  of  the  ends  of  the  government.  It  appeared 
to  me  desirable  that  the  actual  possession  and  exercise  of  power  should  be  trans 
ferred,  with  the  least  possible  delay,  from  the  military  to  civil  functionaries. 

Under  our  institutions  the  military  is  regarded  as  inferior  to  the  civil  author 
ity,  and  the  appropriate  duty  of  the  former  is  to  act  as  auxiliary  to  the  latter. 
Such  being  the  general  character  of  our  institutions,  it  seemed  in  the  first  de 
gree  desirable  that  the  inhabitants  of  the  country  should,  as  soon  as  practicable, 
become  familiar  with  them,  that  they  might  perceive  and  appreciate  their  im 
portance  and  their  value,  their  capacity  to  maintain  right  and  redress  wrong, 
and,  in  the  protection  afforded  to  persons  and  property,  to  recognise  a  guarantee 
of  all  their  individual  rights.  The  marked  contrast  which  would  thus  be  afforded 
to  their  former  institutions  and  rulers  would  reconcile  the  Mexican  portion  of 
the  population  to  the  change ;  while  the  American  inhabitants  would  gratefully 
witness  an  administration  of  law  and  justice  analogous  to  that  to  which  they 
had  been  accustomed  at  home.  Actuated  by  such  considerations,  I  gave  my 
immediate  attention  to  the  establishment,  upon  a  permanent  basis,  of  a  civil 
government  throughout  the  country,  as  much  in  conformity  with  the  former 
usages  of  the  country  as  could  be  done  in  the  absence  of  any  written  code.  A 
tariff  of  duties  was  fixed,  and  collectors  appointed.  Elections  were  directed  to 
be  held  for  the  various  civil  magistrates  ;  Major  Fremont  was  appointed  mili 
tary  commandant  of  the  territory,  and  Captain  Gillespie  military  commandant 
of  the  southern  department.  The  battalion  of  volunteers  was  ordered  to  be 
augmented  to  three  hundred ;  and,  contemplating  soon  to  leave  the  territory,  I 
determined  on  my  departure  to  appoint  Major  Fremont  Governor  of  California. 
He  was  apprised  of  these  intended  arrangements,  and  instructed  to  meet  me  at 
San  Francisco  on  the  25th  of  October,  for  the  purpose  of  consummating  them. 
These  acts  and  intentions  were  officially  communicated  to  the  Department  in  my 
several  despatches. 

This  exposition  of  my  operations  and  acts  will,  I  trust,  prove  satisfactory  to 
the  executive,  and  be  a  sufficient  reply  to  Commodore  Shubrick's  charge  of  pre 
mature  action.  In  a  state  of  actual  war  against  a  foreign  enemy,  I  found  my 
self  at  the  head  of  a  force  and  in  command  of  means  competent  to  take  and  hold 
possession  of  an  important  part  of  the  hostile  territory.  I  found  that  before  the 
command  had  devolved  upon  me  the  flag  of  my  country  had  been  raised  in 
some  parts  of  California.  Important  interests  were  involved ;  to  stop  short 
would  have  led  to  their  absolute  sacrifice,  accompanied  by  great  individual  loss 
and  suffering.  No  middle  course  was  open  to  my  choice.  The  alternative  was 
the  subjection  of  the  entire  province  to  our  authority,  or  its  total  abandonment. 
In  such  a  position  I  could  not  hesitate  as  to  the  line  of  duty.  Empowered  to 
conduct  the  war  against  Mexico  according  to  the  exigency  of  circumstances  and 


APPENDIX   A.  23 

my  own  judgment,  I  determined  to  support  the  honour  of  my  flag  and  to  pro 
mote  what  I  regarded  as  the  best  interest  of  the  nation.  Having  achieved  the 
conquest  of  the  country,  and  finding  my  military  strength  ample  to  retain  it, 
the  establishment  of  a  civil  government  naturally  and  necessarily  resulted.  The 
omission  to  do  this  would  have  marred  the  entire  plan  and  stamped  a  character 
of  imbecility  and  instability  upon  the  whole  operation.  My  views  of  the  in 
terests  of  my  country  were  decisive ;  as  to  the  expediency  of  my  measures,  the 
estimate  I  entertained  of  my  authority  impressed  upon  them  the  sanction  of 
duty.  The  arrangements  having  been  thus  completed,  I  determined  to  leave 
California  under  the  administration  of  the  civil  authority,  and  with  the  squadron 
under  my  command,  aided  by  a  volunteer  corps  raised  for  the  purpose,  to  sail 
for  the  southern  part  of  Mexico,  capture  Acapulco,  and,  having  secured  proper 
positions  on  the  coast,  to  march  into  the  interior,  advance  towards  the  city  of 
Mexico,  and  thus  to  co-operate  with  the  anticipated  movements  of  General  Taylor, 
or  produce  a  powerful  diversion  which  would  materially  aid  him  in  his  opera 
tions.  My  despatches  have  already  put  the  department  in  possession  of  these 
plans. 

About  the  2d  of  September  I  left  Ciudad  de  los  Angeles,  embarked  on  board 
the  Congress  on  the  3d,  and  on  the  5th  sailed  for  Santa  Barbara.  Having 
taken  on  board  the  small  detachment  which  had  been  landed  at  this  place,  we 
proceeded  to  Monterey,  where  every  thing  was  found  tranquil.  The  people  ap 
peared  to  be  quite  satisfied  with  the  state  of  affairs.  Information  was  here  re 
ceived  leading  to  the  apprehension  that  Suter's  settlement  on  the  Sacramento 
was  threatened  with  an  attack  by  a  body  of  one  thousand  Walla-Walla  Indians. 
The  Savannah  was  immediately  ordered  to  San  Francisco;  Lieutenant  Maddox, 
of  the  marine  corps,  appointed  military  commandant  of  the  middle  department, 
and,  other  necessary  arrangements  having  been  made,  I  proceeded  in  the  Con 
gress  to  San  Francisco,  which  place  I  reached  in  a  few  days.  It  soon  appeared 
that  the  reports  in  regard  to  the  AValla-Walla  Indians  had  been  greatly  exagge 
rated.  They  were  not  so  numerous  as  had  been  represented,  nor  had  they  any 
hostile  intentions.  The  inhabitants  of  San  Francisco,  on  my  arrival,  received 
me  en  masse,  with  every  demonstration  of  joy  on  the  conquest  of  the  country, 
and  with  every  manifestation  of  personal  respect  as  the  governor  of  the  territory 
and  commander-in-chief  of  the  United  States  forces. 

About  the  30th  of  September,  a  courier  arrived  from  Captain  Gillespie,  de 
spatched  by  that  officer  to  convey  to  me  the  information  that  an  insurrection 
had  broken  out  at  Ciudad  de  los  Angeles,  and  that  he  was  besieged  in  the 
government-house  at  that  place  by  a  large  force.  I  immediately  ordered  Cap 
tain  Mervine  to  proceed  in  the  Savannah  to  San  Pedro,  for  the  purpose  of  afford 
ing  aid  to  Captain  Gillespie.  Major  Fremont  was  at  Sacramento  when  the 
news  of  the  insurrection  reached  him,  and,  having  formed  the  determination  to 
inarch  against  the  insurgents  with  the  force  he  could  muster,  amounting  to 
about  one  hundred  and  twenty  men,  was  preparing  to  move.  I  sent  a  request 
to  him  forthwith  to  join  me  at  San  Francisco  with  his  command,  and  to  bring 
with  him  as  many  saddles  as  he  could  procure.  While  awaiting  the  arrival  of 
Major  Fremont  I  detached  officers  in  various  directions  for  the  purpose  of  pro 
curing  volunteers  to  join  the  battalion,  and  engaged  the  merchant-ship  Ster 
ling  to  take  them  down  to  Santa  Barbara. 

About  the  12th  of  October,  Major  Fremont  arrived  at  San  Francisco,  and  im 
mediately  embarked  on  board  the  Sterling,  with  about  one  hundred  and  sixty 
volunteers.  He  was  directed  to  proceed  to  Santa  Barbara,  there  to  procure 
horses  to  march  to  Ciudad  de  los  Angeles,  while  I,  with  the  Congress,  was  to 
sail  to  San  Pedro,  and  by  that  route  advance  towards  the  same  point.  The  in 
surgents  were  represented  to  be  encamped  in  the  neighbourhood  of  that  city. 
The  Congress  and  Sterling  sailed  in  company  from  San  Francisco,  but  sepa 
rated  the  same  evening  in  a  fog.  Between  San  Francisco  and  Monterey  we 
spoke  a  merchant-vessel  from  the  latter  port,  with  despatches  from  Lieutenant 
Maddox,  apprising  me  that  Monterey  was  threatened  with  an  attack,  and  that 
he  was  in  want  of  immediate  assistance.  We  ran  into  the  Bay  of  Monterey, 
landed  two  officers  with  fifty  men  and  some  ordnance.  Having  thus  strength- 


24  APPENDIX    A. 

ened  that  post,  I  proceeded  to  San  Pedro.  On  my  arrival  at  that  place,  about 
the  23d  of  October,  I  found  the  Savannah  frigate.  Captain  Mcrvine  informed 
me  that  Captain  Gillespie,  with  the  volunteers  under  his  command,  was  on 
board  his  vessel,  having  left  Ciudad  de  los  Angeles  under  a  capitulation  entered 
into  with  General  Flores,  the  leader  of  the  insurrection, — one  of  the  Mexican 
officers  who,  having  been  made  prisoner  of  war,  had  been  released  on  his 
parole. 

Captain  Mervine  further  informed  me  that,  about  two  weeks  before,  he  had 
landed  with  his  sailors  and  marines  for  the  purpose  of  marching  in  conjunction 
with  Captain  Gillespie  and  his  detachment  of  volunteers  to  Ciudad  de  los  An 
geles.  He  had  not  carried  any  artillery  with  him ;  that  about  twelve  miles 
from  San  Pedro  he  encountered  a  party  of  the  insui  gents  with  one  piece  of 
artillery  ;  a  battle  ensued  ;  that  several  charges  had  been  made  upon  the  insur 
gents'  gun,  but  it  was  impossible  to  capture  it,  as,  whenever  he  approached, 
they  hitched  their  horses  to  it  and  retreated.  Having  sustained  a  loss  of  several 
men  killed  and  wounded,  he  retired  with  his  force  aud  re-embarked. 

Proper  arrangements  having  been  made  during  the  night,  in  the  morning  we 
landed  a  strong  force  with  several  pieces  of  artillery,  once  more  hoisted  the  flag 
of  the  United  States  at  San  Pedro,  and  formed  our  camp  there.  The  insurgent 
force  in  the  vicinity  wras  supposed  to  number  about  eight  hundred  men.  Our 
authority  was  necessarily  limited  to  the  portion  of  territory  in  our  actual  pos 
session  or  within  the  range  of  our  guns.  The  insurgents,  in  the  undisturbed 
occupancy  of  the  interior,  and  watchful  of  our  every  movement,  could,  at  their 
pleasure,  threaten  us  with  an  attack  by  night  or  day,  and  had  the  precaution  to 
remove  beyond  our  reach  every  horse  and  all  the  cattle  which  might  have  been 
available  either  for  food  or  transportation. 

The  roadstead  at  San  Pedro  was  also  a  dangerous  position  for  men-of-war, 
being  exposed  to  the  storms  which  at  that  season  of  the  year  rage  with  great 
violence  upon  the  coast. 

This  consideration  decided  me  to  proceed  to  San  Diego,  which,  although  the 
entrance  was  obstructed  by  a  bar  which  had  never  been  passed  by  a  vessel  of 
equal  draught  of  water  writh  the  Congress,  might,  I  hoped,  be  crossed ;  and,  if 
the  passage  should  prove  practicable,  would  be  found  a  convenient  and  safe 
harbour.  We  did  not,  however,  leave  San  Pedro  until  I  had  been  compelled  to 
relinquish  all  expectation  of  the  co-operation  of  Major  Fremont,  from  whom  I 
had  not  heard  a  word  since  we  parted  off  San  Francisco,  nor  until  the  officers 
and  men  had  become  completely  exhausted  by  their  incessant  duties  on  shore, 
in  guarding  the  camp  from  attack  and  pursuing  small  parties  of  the  insurgents 
who  approached  us.  Having  embarked  the  men  belonging  to  thev  squadron, 
and  volunteers  under  Captain  Gillespie,  I  sailed  for  San  Diego  in  the  Congress. 

On  my  arrival  off  the  harbour  of  San  Diego,  I  received  information  from  Lieu 
tenant  Minor  that  the  town  was  besieged  by  the  insurgents,  that  his  stock  of 
provisions  was  small,  and  that  he  was  in  wrant  of  an  additional  force.  He  gave 
it  as  his  opinion  that  the  Congress  might  be  got  over  the  bar.  In  attempting 
this,  however,  the  ship  struck,  and  her  position  was  so  dangerous  that  we  were 
compelled  to  return  to  the  anchorage  outside. 

On  the  following  day  the  Malek  Adhel,  a  prize  to  the  United  States  ship 
Warren,  arrived  from  Monterey  with  despatches  from  Lieutenant-Colonel  Fre 
mont.  I  thus  received  information  from  that  officer  that  on  his  way  to  Santa 
Barbara  he  met  the  merchant-ship  Vandalia,  from  San  Pedro,  by  whom  he  was 
informed  of  the  state  of  affairs  at  the  South;  that  it  would  be  impossible  for  him 
to  procure  horses  at  Santa  Barbara,  in  consequence  of  which  he  had  proceeded 
to  Monterey,  and  would  employ  all  diligence  in  preparing  his  force  to  march 
for  Ciudad  de  los  Angeles. 

Lieutenant  Minor  was  directed  to  send  the  ship  Stonington,  then  lying  in  the 
harbour  of  San  Diego,  with  as  many  volunteers  as  could  be  spared,  to  Ensanada, 
about  ninety  miles  below  San  Diego,  for  the  purpose  of  procuring  animals, 
which  he  was  instructed  to  have  driven  into  San  Diego.  Without  a  supply  of 
horses  and  beeves,  it  was  not  prudent  to  commence  our  march.  Captain  Mer 
vine  was  despatched  in  the  Savannah  to  Monterey,  to  aid  Lieutenant-Colonel 


APPENDIX    A.  25 

Fremont  in  his  preparations  to  march,  and,  having  myself  gone  to  San  Pedro, 
returned  with  all  convenient  speed  to  San  Diego. 

About  thirty  or  forty  miles  from  that  place  our  progress  was  arrested  by  a 
calm.  My  anxiety  on  account  of  Lieutenant-Colonel  Fremont,  and  my  desire 
to  go  to  his 'assistance  was  so  great,  that  a  boat  was  immediately  despatched 
with  Lieutenant  Tilghman,  the  bearer  of  a  communication  addressed  to  Lieu 
tenant  George  Minor,  in  command  at  San  Diego,  apprising  that  officer  that  on 
my  arrival  1  would  be  ready  to  take  the  field  in  person,  and,  with  an  additional 
force  of  two  hundred  and  fifty  men  from  the  ship,  to  take  up  the  line  of  march 
for  Ciudad  do  los  Angeles.  Lieutenant  Minor  was  directed  to  arrange  with 
Lieutenant  Tilghman,  the  commanding  officer  of  the  artillery,  and  Mr.  South- 
wick,  commanding  officer  of  the  engineers,  to  have  the  horses  necessary  for  the 
transportation  of  the  guns  and  ammunition. 

Notwithstanding  my  first  unsuccessful  attempt  to  get  into  the  harbour  of  San 
Diego,  it  was  an  object  of  too  great  importance  to  he  abanrlnnprl,  unless  from 

the  absolute  impossibility  of  effecting  it.  The  bar  and  channel  were  again,  on 
my  return,  examined  and  buoy  fid,  and  a  second  attempt  made.  After  crossing 
the  bar,  the  ship  grounded,  and  in  such  a  situation  that  it  became  expedient  to 
prepare  her  spars  to  shore  her  up,  to  prevent  her  from  tumbling  over.  While 
thus  occupied,  the  insurgents  commenced  an  attack  upon  the  town,  and,  not 
withstanding  the  perilous  condition  of  the  frigate  and  the  necessity  of  employ 
ing  the  crew  in  extricating  her  from  her  position,  a  portion  of  them  was  simul 
taneously  engaged  in  landing  from  the  ship,  in  boats,  to  take  part  in  the  fight. 
In  executing  my  orders  in  reference  to  those  two  distinct  objects  at  the  same 
time,  the  conduct  of  the  officers  and  men  under  my  command  was  such  as  to 
command  my  warmest  commendation.  Every  thing  was  performed  with  the 
regularity  and  order  of  the  ordinary  duties  of  the  vessel.  Having  accomplished 
a  landing  of  the  men  from  the  ship,  the  attack  of  the  insurgents  was  success 
fully  repelled  by  the  combined  force  under  the  command  of  Lieutenant  Minor 
and  Captain  Gillespie. 

The  situation  of  the  place  was  found  to  be  most  miserable  and  deplorable. 
The  male  inhabitants  had  abandoned  the  town,  leaving  their  women  and  chil 
dren  dependent  upon  us  for  protection  and  food.  No  horses  could  be  obtained 
to  assist  in  the  transportation  of  the  guns  and  ammunition,  and  not  a  beeve 
oould  be  had  to  supply  the  necessary  food ;  some  supplies  of  provisions  were 
furnished  from  the  ship.  The  expedition  to  the  southward  for  animals,  under 
the  command  of  Captain  Gibson,  of  the  battalion,  had  succeeded  in  driving 
about  ninety  horses  and  two  hundred  head  of  beef-cattle  into  the  garrison. 

The  horses  were,  however,  much  worn  down,  and  it  was  supposed  a  fort 
night's  rest  would  be  required  before  they  would  be  fit  for  service.  During  the 
time  required  for  resting  the  horses,  we  were  actively  employed  in  the  construc 
tion  of  a  fort,  for  the  more  complete  protection  of  the  town,  mounting  guns,  and 
in  making  the  necessary  harness,  saddles,  and  bridles.  While  the  work  of  pre 
paration  necessary  for  our  march  to  meet  Lieutenant-Colonel  Fremont  at  Ciudad 
de  los  Angeles  was  thus  going  on,  we  sent  an  Indian  to  ascertain  where  the 
principal  force  of  the  insurgents  was  encamped.  He  returned  with  information 
that  a  body  of  them,  about  fifty  strong,  was  encamped  at  San  Bernardo,  about 
thirty  miles  from  San  Diego.  Captain  Gillespie  was  immediately  ordered  to 
have  as  many  men  as  he  could  mount,  with  a  piece  of  artillery,  ready  to  march 
for  the  purpose  of  surprising  the  insurgents  in  their  camp.  Another  expe 
dition,  under  command  of  Captain  Ilensley,  of  the  battalion,  was  sent  to  the 
southward  for  animals,  who,  after  performing  the  most  arduous  service,  re 
turned  with  five  hundred  head  of  cattle  and  one  hundred  and  forty  horses  and 
mules.  About  the  3d  of  December,  two  deserters  from  the  insurgents,  whose 
families  lived  in  San  Diego,  came  into  the  place  and  reported  themselves  to 
Lieutenant  Minor,  the  commander  of  the  troops.  On  receiving  information  of 
the  fact,  I  repaired  to  Lieutenant  Minor's  quarters,  with  my  aid-de-camp,  Lieu 
tenant  Gray,  for  the  purpose  of  examining  one  of  these  men.  While  engaged 
in  this  examination,  a  messenger  arrived  with  a  letter  from  General  Kearney, 
of  the  United  States  army,  apprising  me  of  his  approach,  and  expressing  a  wish 


26  APPENDIX   A. 

that  I  -would  open  a  communication  with  him  and  inform  him  of  the  state  of 
affairs  in  California. 

Captain  Gillespie  was  immediately  ordered  to  proceed  to  General  Kearney's 
camp  with  the  force  which  he  had  been  directed  to  have  in  readiness,  carrying 
a  letter  which  I  wrote  to  General  Kearney.  Captain  Gillespie  left 'San  Diego  at 
about  half-past  seven  o'clock  the  same  evening,  taking  with  him  one  of  the  de 
serters  to  act  as  a  guide  in  conducting  General  Kearney  to  the  camp  of  the  in 
surgents.  The  force  which  accompanied  Captain  Gillespie  consisted  of  a  com 
pany  of  volunteers,  composed  of  Acting  Lieutenant  Beale,  Passed  Midshipman 
Duncan,  ten  carbineers  from  the  Congress,  Captain  Gibson,  and  twenty-five  of 
the  California  battalion.  Mr.  Stokes,  who  was  the  bearer  of  the  letter  from 
General  Kearney,  was  also  of  the  company.  In  the  evening  of  December  6,  Mr. 
Stokes  returned  to  San  Diego,  to  inform  me  that  General  Kearney,  on  the 
morning  of  that  day,  had  attempted  to  surprise  the  insurgents,  under  the  com 
mand  of  Captain  Andres  Pipo,  in  their  camp  at  San  Pnsqnal  ;  that  he  had  been 

worsted  in  the  action  which  ensued,  but  to  what  extent  he  was  unable  to  say, 
as  he  had  left  the  field  before  the  battle  was  concluded.  He,  however,  was 
under  the  impression  that  General  Kearney  had  lost  a  number  of  men  killed 
and  wounded. 

The  following  morning,  Lieutenant  Godey,  of  the  California  battalion,  with 
two  men,  came  into  San  Diego  with  a  letter  from  Captain  Turner,  of  the  dra 
goons,  informing  me  that  General  Kearney  had  had  a  fight  with  a  considerable 
body  of  the  Mexicans ;  that  he  had  about  eighteen  killed  and  fourteen  or  fifteen 
wounded,  and  suggesting  the  propriety  of  despatching,  without  delay,  a  con 
siderable  force  to  his  assistance.  Preparations  were  immediately  made  to  de 
spatch  a  detachment  for  this  purpose.  Captain  Turner  had  not  mentioned  the 
strength  on  either  side,  and  Lieutenant  Godey  was  not  able  to  inform  me.  From 
the  information,  however,  I  deemed  it  advisable  to  proceed  in  person,  with  all 
the  force  that  could  be  spared  from  the  garrison,  to  form  a  junction  with  him. 
Two  days'  provisions  were  ordered  to  be  prepared,  and  the  advance,  with  two 
field-pieces,  under  Acting  Lieutenant  Guest,  was  directed  to  march  forthwith 
to  the  mission  of  San  Diego,  where  it  was  my  intention  to  join  it  with  the  rest 
of  the  force  the  next  morning.  Before,  however,  the  advance  had  moved,  an 
Indian  came  in  from  General  Kearney.  From  the  information  he  gave,  I  judged 
that  the  necessity  for  immediate  assistance  was  much  more  urgent  than  had 
been  previously  supposed.  Anticipating  great  difficulty  and  delay  from  the 
want  of  animals  to  drag  the  artillery,  should  I  march  with  my  entire  force,  and 
believing,  from  the  representations  now  made,  that  the  force  of  the  Californians 
was  less  than  had  been  supposed,  and  consequently  that  a  portion  of  my  com 
mand  would  be  sufficient  for  the  purpose,  I  determined  not  to  move  in  person, 
but  to  send  on  as  rapidly  as  possible  an  effective  body  of  men.  About  ten 
o'clock  at  night,  Acting  Lieutenant  Beale,  of  the  Congress,  arrived  from  General 
Kearney's  camp,  and  confirmed  the  worst  accounts  we  had  received  and  the  im 
portance  of  prompt  assistance.  The  advanced  body,  increased  to  the  number 
of  215  men,  was  placed  under  the  command  of  Lieutenant  Gray,  my  aid-de 
camp,  with  orders  to  proceed  directly  to  the  camp  of  General  Kearney.  The 
order  was  successfully  performed,  and  Lieutenant  Gray,  having  accomplished  it, 
returned  to  San  Diego  accompanied  by  the  General.  On  their  arrival,  General 
Kearney,  his  officers  and  men,  were  received  by  all  the  garrison  in  the  kindest 
and  most  respectful  manner.  So  far  as  my  observation  extended,  no  civility  or 
attention  was  omitted.  Having  sent  with  Captain  Gillespie  every  horse  that 
was  fit  for  use  to  General  Kearney,  I  was  without  one  for  my  own  accommoda 
tion.  I  was  therefore  compelled,  on  foot,  to  advance  and  -receive  the  General, 
whom  I  conducted  to  my  own  quarters,  until  others  more  agreeable  to  him  could 
be  prepared.  The  arrival  of  General  Kearney  was  to  me  a  source  of  gratifica 
tion,  although  it  was  my  decided  opinion — which  as  yet  I  have  seen  no  reason 
to  change — that,  under  the  circumstances  that  existed,  I  was  entitled  to  retain 
the  position  in  which  I  was  placed  of  commander-in-chief ;  yet,  in  consideration 
of  his  high  standing  in  the  army,  his  long  experience  as  a  soldier,  the  import 
ance  of  military  science  and  skill  in  the  movements  that  were  to  be  made  in  the 


APPENDIX   A.  27 

interior  of  the  country,  I  immediately  determined  to  yield  all  personal  feelings 
of  ambition  and  to  place  in  his  hands  the  supreme  authority.  In  accordance 
•with  this  determination  I  tendered  to  General  Kearney  the  position  of  com- 
mander-in-chief  and  offered  to  accompany  him  as  his  aid. 

This  proposition  was  on  more  than  one  occasion  renewed,  and  with  all  sin 
cerity  and  singleness  of  purpose.  The  responsibility  of  moving  from  San  Diego, 
and  leaving  the  safety  of  the  ships,  deprived  of  so  large  and  efficient  a  portion 
of  their  crews,  was  of  itself  a  momentous  one.  This,  however,  in  the  discharge 
of  duty,  I  felt  no  inclination  to  shrink  from.  But  the  fate  of  the  territory  itself 
might  depend  upon  the  issue  of  a  battle  to  be  fought  on  shore  against  an  army 
organized  to  encounter  us.  The  nature  of  the  service  and  the  importance  of  the 
stake,  it  seemed  to  me,  appertained  rather  to  a  general  in  the  army  than  a  cap 
tain  in  the  navy.  Whatever  ambition  I  might  feel  for  distinction,  either  on  my 
account  or  on  that  of  the  gallant  officers  and  men  under  my  command,  was 
voluntarily  and  deliberately  offered  as  a  sacrifice  to  a  paramount  sense  of 
duty.  The  offers  thus  made  were,  however,  on  every  occasion  distinctly  and 
positively  declined  by  General  Kearney,  who,  on  his  side,  offered  to  accompany 
me  in  the  capacity  of  my  aid,  and  tendered  to  afford  me  the  aid  of  his  head  and 
hand. 

A  day  or  two  after  his  arrival  at  San  Diego,  General  Kearney  removed  from 
my  quarters  to  others  which  at  his  instance  had  been  provided  for  his  accommo 
dation.  Before  leaving,  however,  he  handed  me  his  instructions  from  the  War 
Department.  On  reading  them,  I  came  to  the  conclusion  that  he  had  submitted 
them  to  my  perusal  to  afford  me  the  gratification  of  perceiving  how  entirely  I 
had  anticipated  the  views  of  the  government  in  the  measures  which  I  had 
adopted.  In  return,  I  exhibited  some  of  my  own  despatches  to  the  Department. 
Subsequently,  and  before  leaving  San  Diego,  General  Kearney  mentioned  the 
subject  of  his  instructions  from  the  War  Department,  and  seemed  to  intimate 
that  he  ought  of  right  to  be  the  governor  of  the  territory.  His  language,  how 
ever,  though  perhaps  sufficiently  explicit,  was  not  very  intelligible  to  me,  as  I 
was  at  a  loss  to  reconcile  the  assertion  of  such  a  claim  of  right  with  his  repeated 
refusal  to  accept  the  offfer,  which  I  had  more  than  once  made  to  him,  to  devolve 
upon  him  the  supreme  command  in  the  territory.  The  subject,  however,  was 
discussed  between  us  without  any  interruption  of  that  harmony  which  had  com 
menced  on  our  first  interview. 

A  few  days  before  I  expected  to  take  up  the  line  of  march,  I  addressed  a  note 
to  the  General,  expressing  a  wish  that  he  would  accompany  me.  In  his  reply 
he  repeated  the  language  which  he  had  before  employed  : — that  he  would  so  ac 
company  me,  and  afford  me  the  aid  of  his  head  and  hand.  Accordingly,  on  the 
morning  of  our  departure  he  appeared  upon  the  ground.  After  the  troops  had 
been  paraded,  and  were  nearly  ready  to  commence  the  march,  as  I  was  about 
to  mount  my  horse,  General  Kearney  approached  me  and  inquired  who  was  to 
command  the  troops.  I  replied,  Lieutenant  Rowan  was  to  have  the  command. 
On  his  expressing  a  wish  that  he  should  himself  command  them,  I  replied,  that 
he  should  have  the  command.  The  different  officers  were  at  once  convened, 
and  informed  that  General  Kearney  had  volunteered  to  command  the  troops, 
and  that  I  had  given  him  the  appointment,  reserving  my  own  position  as  com- 
mundcr-in-chief.  This  arrangement  having  been  made,  we  proceeded  on  the 
march. 

During  our  march  I  was  informed  by  Captain  Gillespie,  who  was  sent  by  Gene 
ral  Kearney,  who  was  in  the  advance,  that  two  commissioners  had  arrived  with 
a  flag  and  a  communication  addressed  to  me.  Repairing  to  the  front,  I  received 
the  commissioners,  who  bore  a  letter,  signed  by  General  Flores  as  governor  and 
eommander-m-chief,  addressed  to  the  commanier-in-chief  of  the  American 
forces.  Upon  reading  it,  and  ascertaining  from  whom  it  emanated,  I  replied  to 
the  commissioners,  substantially,  that  I  perceived  the  letter  was  written  by 
General  Flores,  whom  I  had  captured  and  held  as  a  prisoner,  but  whom  I  had 
released  on  his  parole  of  honour  ;  that  in  appearing  now  in  hostile  array  he  had 
violated  his  parole,  and  could  not  be  treated  as  an  honourable  man  ;  that  I  had 
no  answer  to  return  to  his  communication  but  this : — that  if  I  caught  him  I 


28  APPENDIX   A. 

should  shoot  him.  With  this  reply  the  commissioners  departed,  and  we  pro 
ceeded  on  our  march  to  meet  the  enemy. 

The  battles  on  the  Rio  San  Gabriel  and  on  the  plains  of  the  Mesa  took  place 
on  the  8th  and  9th  of  January,  1847.  On  the  morning  of  the  8th,  we  crossed 
the  river  under  a  galling  fire  from  the  enemy,  who  were  posted,  with  their  artil 
lery,  on  the  opposite  bank,  about  fifty  feet  above  the  level  of  the  river.  Having 
crossed  the  guns,  we  placed  the  two  nine-pounders  in  battery,  and  commenced 
the  fire.  As  soon  as  the  troops  had  passed  the  river,  they  commenced  forming 
the  squares.  At  this  time  I  perceived  the  insurgents  were  about  to  make  a 
charge  upon  our  left  flank,  and  I  ordered  the  men  of  that  flank  to  be  kept  in 
line,  that  we  might  have  a  more  extended  line  of  fire.  At  this  time,  observing 
that  the  insurgents  had  withdrawn  their  artillery  from  the  hill,  I  sent  Lieutenant 
Gray,  my  aid-de-camp,  to  General  Kearney,  to  move  the  square,  with  one  field- 
piece,  up  the  hill.  At  this  moment  the  insurgents  charged  the  left  flank,  but 
were  received  with  such  a  shower  of  lead  that  they  were  soon  repulsed.  We 
immediately  moved  the  line  up  the  hill  with  the  two  nine-pounders,  which  I 
placed  in  battery  in  advance  of  the  troops.  I  ordered  the  troops  to  lie  down  to 
avoid  the  insurgents'  cannon-balls,  as  the  fight  was  kept  up  by  the  artillery 
alone. 

^  On  the  morning  of  the  day  we  marched  into  Ciudad  de  los  Angeles,  General 
Kearney  came  to  me  with  Mr.  Southwick,  who  was  acting  as  engineer,  to  ascer 
tain  from  me  by  what  road  I  intended  to  enter  the  city.  He  requested  Mr. 
Southwick  to  mark  on  the  sand  the  position  of  the  city,  and  the  different  roads 
leading  into  it.  I  selected  the  plainest  and  broadest  road,  leading  into  the 
main  street  of  the  city ;  and  when  we  marched  into  the  city  I  led  the  way  with 
the  advance-guard.  My  position  as  commander-in-chief  was  again  distinctly 
recognised  in  a  letter  of  January  13,  addressed  to  me  by  General  Kearney,  as 
Governor  of  California,  commanding  United  States  forces. 

A  few  days  after  we  had  taken  Ciudad  de  los  Angeles,  Lieutenant-Colonel 
Fremont  arrived  with  his  part  of  the  battalion. 

With  the  firm  convictions  which  existed  upon  my  mind  as  to  my  rights  and 
authority  as  commander-in-chief,  and  the  obligations  which  all  officers  and  men 
under  my  command  were  under  to  obey  implicitly  all  my  orders,  I  should  not 
only  have  felt  it  to  be  my  right,  but  a  matter  of  imperative  duty,  to  assert  and 
maintain  my  authority,  if  necessary,  by  a  resort  to  force.  I  continued  this  exer 
cise  of  the  power  of  commander-in-chief  without  its  having  been  denied  or  ques 
tioned  by  any  person,  as  far  as  I  was  informed,  up  to  the  16th  of  January,  when 
I  received  a  letter  of  that  date  from  General  Kearney,  which  is  now  on  file  in 
the  Department,  in  which  he  demands  that  I  will  cease  all  further  proceedings 
relating  to  the  formation  of  a  civil  government;  for  the  territory.  In  my  reply  of 
the  same  date  to  that  letter,  (which,  I  think,  is  also  on  file  in  the  Department,) 
I  suspended  General  Kearney  from  his  volunteer  command  under  me,  when  he 
again  became  Brigadier-General  Kearney,  over  whom  I  never  attempted  or  de 
sired  to  have  any  command  or  control. 

I  exercised  no  authority  in  the  territory  after  I  left  San  Diego,  except  that 
•which  was  induced  by  the  receipt  of  a  letter  from  Lieutenant-Colonel  Cook,  in 
forming  me  that  he  had  received  information  that  a  French  schooner  had  been 
landing  some  guns  on  the  Southern  coast,  and  that  General  Bustamente,  with 
1500  Mexicans,  was  approaching  the  territory.  I  wrote  to  Lieutenant-Colonel 
Cook  that  I  would  go  in  search  of  them  as  soon  as  possible.  I  went  down  the 
coast  120  miles,  landed  and  mounted  some  of  my  men,  and  went  in  pursuit.  It 
turned  out  to  be  a  false  alarm.  After  performing  this  last  service  in  California, 
I  returned,  via  San  Diego  and  Monterey,  to  San  Francisco,  where  I  gave  up  the 
command  of  the  frigate  Congress,  and  returned  to  the  United  States  by  way  of 
the  Rocky  Mountains. 

The  California  battalion  was  organized  under  my  own  personal  direction  and 
authority,  under  a  special  condition  that  it  should  act  under  my  orders  as  long 
as  I  might  remain  in  California  and  require  its  services.  It  was  paid  by  my 
orders,  as  long  as  I  had  any  thing  to  pay  with.  The  officers  derived  their  ap 
pointments  exclusively  from  me.  It  was  never,  in  any  form  or  manner,  mus- 


APPENDIX   A.  29 

tered  into  the  service  of  the  United  States  as  a  part  of  the  army  or  connected 
•with  it.  It  was  exclusively  and  essentially  a  navy  organization.  The  battalion 
was  entirely  composed  of  volunteers,  organized  under  iny  authority,  but  with 
their  own  free  consent,  according  to  the  terms  of  a  distinct  and  specific  agree 
ment  to  obey  my  orders  and  to  serve  while  I  should  require  their  services. 
These  men  were  not  of  that  kind  of  personnel  which  sometimes  compose  regular 
armies :  they  were  principally  free  American  citizens  who  had  settled  in  Cali 
fornia  ;  they  were  men  of  respectability,  of  influence,  and  of  property ;  they 
were  no  ordinary  men,  because,  when  told  that  I  had  offered  them  as  pay  ten 
dollars  a  month,  they  said  that  they  would  not  accept  that  pay, — that  it  would 
not  pay  their  expenses, — but  that  they  would  volunteer  to  serve  under  my  com 
mand  without  compensation. 

This  was  the  origin,  character,  and  position  of  the  battalion  when  engaged,  in 
co-operation  with  the  squadron  under  my  command,  in  accomplishing  the  ob 
jects  which  I  had  in  view. 

Such  was  the  posture  of  things  when  General  Kearney  arrived  in  California, 
and  when  he  joined  me  in  San  Diego.  He  brought  with  him  a  very  inconsider 
able  force, — wholly  insufficient  of  itself  to  accomplish  the  important  objects  of 
tranquillizing  the  province  and  subjecting  it  to  the  authority  of  the  Union,  by 
the  suppression  of  the  insurrection  which  had  been  organized  for  the  purpose 
of  recovering  the  positions  we  occupied,  overthrowing  the  government  we  had 
organized,  and  expelling  us  from  the  country,  if,  indeed,  it  had  proved  itself 
able  to  defend  itself  without  our  aid.  When  General  Kearney  declined  the  prof 
fers  I  made  to  him  of  devolving  upon  him  the  high  and  responsible  position  of 
commander-in-chief ;  when  he  volunteered  to  act  as  my  aid  in  the  march  against 
the  enemy;  when,  at  his  own  request,  I  assigned  to  him  the  position  of  com 
mander  of  the  troops ;  when  the  battles  were  fought  which  broke  and  dispersed 
the  army  of  the  insurgents ;  when,  finally,  we  entered  in  triumph  Ciudad  de  los 
Angeles,  during  this  entire  period  I  had  not  received  any  intelligence  of  the 
movements  of  Major  Fremont. 

The  battalion  was  never  placed  under  the  command  of  General  Kearney  by 
me,  and  was  not  subjected  to  his  orders.  It  still  remained  in  immediate  subor 
dination  to  me  and  to  my  authority.  Up  to  the  period  last  mentioned, — viz.:  the 
date  of  our  occupation  of  Ciudad  de  los  Angeles,  the  only  authority  which  Gene 
ral  Kearney  had  exercised,  while  he  accompanied  me,  was  simply  that  authority 
which  he  had  asked  me  to  give  him,  and  which  he  had  voluntarily  accepted  at 
my  hands. 

No  one  has  ever  pretended — I  certainly  never  claimed — that  I  possessed  any 
right  or  authority  to  command  General  Kearney  as  such.  All  the  power  which 
I  ever  claimed  or  exercised  over  him  was  derived  from  his  volunteering  to  aid 
me  and  to  act  under  my  orders.  This  connection,  being  purely  one  created  by 
mutual  consent,  was,  at  any  time,  dissoluble  at  the  will  of  either  of  the  parties. 
As  I  could  not  originally  have  compelled  General  Kearney  to  assume  the  posi 
tion  he  held,  neither  had  I  "any  authority  to  detain  him  in  it  one  moment  against 
his  inclination.  He  might,  at  any  time,  have  laid  down  his  character  as  a  volun 
teer  under  me,  and  resumed  his  official  rank  and  rights  as  brigadier-general  in 
the  army  of  the  United  States. 

In  his  capacity  of  brigadier-general,  however,  he  had  no  authority  to  com 
mand  me  or  any  portion  of  my  force.  I  was  as  independent  of  him  as  he  con 
fessedly  was  of  me.  If  the  force  which  I  had  brought  ashore  from  the  squadron 
constituted  a  portion  of  the  navy, — if  the  California  battalion,  which  I  had  raised 
and  organized,  was  ever  rightfully  subject  to  my  orders, — both  were  as  independ 
ent  of  General  Kearney,  or  any  other  officer  of  the  army,  as  I  myself  was. 

Nor  have  I  ever  questioned,  much  less  denied,  the  authority  of  General 
Kearney  to  assume  command  over  and  give  his  orders  to  Lieutenant-Colonel 
Fremont.  He  might,  at  any  time,  without  my  controverting  his  power,  have 
directed  Lieutenant-Colonel  Fremont  to  leave  my  command,  to  terminate  his 
connection  with  me  as  a  volunteer  under  my  command,  and  to  report  to  him  for 
orders.  With  any  such  exercise  of  authority  I  should  never  have  interfered ; 
whether  rightfully  or  wrongfully  exercised  was  not  for  me  to  judge.  That  was 


30  APPENDIX   B. 

a  matter  dependent  upon  the  relative  rights  and  duties  of  the  parties  themselves, 
as  fixed  by  the  military  law,  and  to  be  decided  by  military  authority. 

I  did,  however,  and  do  still,  deny  that  General  Kearney,  while  occupying  the 
position  of  volunteer  under  my  command,  had  any  authority  whatever,  as 
brigadier-general,  over  any  portion  of  the  forces  serving  under  me.  I  deny  that 
after  the  character  of  volunteer  was  laid  down,  and  that  of  brigadier-general  re 
sumed,  he  had,  as  such,  any  authority,  nor  could  the  Secretary  of  War  give  him 
any  such  authority  over  any  portion  of  the  force  which  I  had  organized.  What 
ever  authority  he  might  lawfully  exercise  over  Lieutenant-Colonel  Fremont  per 
sonally,  I  deny  that  it  reached  to  the  battalion  organized  under  me  and  by  me 
placed  under  the  command  of  that  officer.  And,  finally,  I  deny  that  General 
Kearney  could  rightfully  control  me  in  my  conduct  as  governor  of  California, 
more  especially  after  having  explicitly  refused  to  accept  the  supreme  authority 
when  voluntarily  tendered  to  him. 

I  have  the  honour  to  be,  faithfully,  your  obedient  servant, 

R.  F.  STOCKTON. 

To  the  lion.  JOHN  Y.  MASON, 

Secretary  of  tlie  Navy,  Washington,  D.  C. 


APPENDIX  B. 


Instructions  of  the  Secretary  of  War  by  virtue  of  which  General 
Kearney  proceeded  to  California,  dated  June  3,  1846. 

WAR  DEPARTMENT,  WASHINGTON,  June  3,  1846. 

SIR: — I  herewith  send  you  a  copy  of  a  letter  to  the  Governor  of  Missouri  for 
an  additional  force  of  one  thousand  mounted  men. 

The  object  of  thus  adding  to  the  force  under  your  command  is  not,  as  you  will 
perceive,  fully  set  forth  in  that  letter,  for  the  reason  that  it  is  deemed  prudent 
that  it  should  not  at  this  time  become  a  matter  of  public  notoriety;  but  to  you 
it  is  proper  and  necessary  that  it  should  be  stated. 

It  has  been  decided  by  the  President  to  be  of  the  greatest  importance,  in  the 
pending  war  with  Mexico,  to  take  the  earliest  possession  of  Upper  California. 

An  expedition  with  that  view  is  hereby  ordered,  and  you  are  designated  to 
command  it. 

To  enable  you  to  be  in  sufficient  force  to  conduct  it  successfully,  this  addi 
tional  force  of  a  thousand  mounted  men  has  been  provided. 

Should  you  conquer  and  take  possession  of  New  Mexico  and  California, 
or  considerable  places  in  either,  you  will  establish  temporary  civil  governments 
therein. 


Instructions  sent  to  Commodore  Sloat,  and  received  by  Commodore 
Shubrick  in  February,  1847,  and  not  communicated  to  Commodore 
Stockton.  (See  Proceedings  of  Court-martial,  p.  59.) 

UNITED  STATES  NAVY  DEPARTMENT, 

Washington,  July  12,  1846. 

COMMODORE: — Previous  instructions  have  informed  you  of  the  intention  of  this 
government,  pending  the  war  with  Mexico,  to  take  and  hold  possession  of  Cali- 


APPENDIX   B.  31 

fornia ;  for  this  end,  a  company  of  artillery,  with  cannon,  mortars,  and  munitions 
of  war,  is  sent  to  you  in  the  Lexington,  for  the  purpose  of  co-operating  with  you 
according  to  the  best  of  your  judgment,  and  of  occupying,  under  your  directions, 
such  post  or  posts  as  you  may  deem  expedient  in  the  Bay  of  Monterey,  or  in 
the  Bay  of  San  Francisco,  or  in  both.  In  the  absence  of  a  military  officer  higher 
than  captain,  the  selection  of  the  first  American  post  or  posts  on  the  waters  of 
the  Pacific,  in  California,  is  left  to  your  discretion. 

The  object  of  the  United  States  is,  under  its  rights  as  a  belligerent  nation,  to 
possess  itself  entirely  of  Upper  California. 

AVhen  San  Francisco  and  Monterey  are  secured,  you  will,  if  possible,  send  a 
small  vessel  of  war  to  take  and  hold  possession  of  the  port  of  San  Diego ;  and  it 
would  be  well  to  ascertain  the  views  of  the  inhabitants  of  the  Puebla  de  los 
Angeles,  who,  according  to  information  received  here,  may  be  counted  upon  as 
desirous  of  coming  under  the  jurisdiction  of  the  United  States. 

If  you  can  take  possession  of  it,  you  should  do  so.  The  object  of  the  United 
States  has  reference  to  ultimate  peace  with  Mexico;  and  if,  at  that  peace,  the 
basis  of  the  uti  possedetis  shall  be  established,  the  government  expects,  through 
your  forces,  to  be  found  in  actual  possession  of  Upper  California. 

This  will  bring  with  it  the  necessity  of  a  civil  administration.  Such  a  govern 
ment  should  be  established,  under  your  protection;  and,  in  selecting  persons  to 
hold  office,  due  respect  should  be  had  to  the  wishes  of  the  people  of  California, 
as  well  as  to  the  actual  possessors  of  authority  in  that  province. 

It  may  be  proper  to  require  an  oath  of  allegiance  to  the  United  States  from 
those  who  are  intrusted  with  authority. 

You  will  also  assure  the  people  of  California  of  the  protection  of  the  United 
States. 

In  reference  to  commercial  regulations  in  the  ports  of  which  you  are  in  actual 
possession,  ships  and  produce  of  the  United  States  should  come  and  go  free  of 
duty. 

For  your  further  instruction,  I  enclose  to  you  a  copy  of  confidential  instruc 
tions  from  the  War  Department  to  Brigadier-General  S.  "W.  Kearney,  who  is 
ordered,  overland,  to  California.  You  will  also  communicate  your  instructions 
to  him,  and  inform  him  that  they  have  the  sanction  of  the  President. 

The  government  relies  on  the  land  and  naval  forces  to  co-operate  with  each 
other  in  the  most  friendly  and  effective  manner. 

After  you  shall  have  secured  Upper  California,  if  your  force  is  sufficient,  you 
will  take  possession  and  keep  the  harbours  on  the  Gulf  of  California,  as  far  down, 
at  least,  as  Guaymas;  but  this  is  not  to  interfere  with  the  permanent  occupation 
of  California. 

A  regiment  of  volunteers,  from  the  State  of  New  York,  to  serve  during  the 
war,  have  been  called  for  by  the  government,  and  are  expected  to  sail  from  the 
first  to  the  tenth  of  August.  This  regiment  will,  in  the  first  instance,  report  to 
the  naval  commander  on  your  station,  but  will  ultimately  be  under  the  com 
mand  of  General  Kearney,  who  is  appointed  to  conduct  the  expedition  by  land. 

The  term  of  three  years  having  nearly  expired  since  you  have  been  in  com 
mand  of  the  Pacific  squadron,  Commodore  Shubrick  will  soon  be  sent  out  in  the 
Independence  to  relieve  you. 

The  department  confidently  hopes  that  all  Upper  California  will  be  in  our 
hands  before  the  relief  shall  arrive.  Very  respectfully, 

GEORGE  BANCROFT. 

COMMODORE  JOHN  D.  SLOAT, 

Commanding  United  States  naval  forces  in  the  Pacific  Ocean. 


Extract  from  Defence  of  Colonel  Fremont,  as  published  in  Proceed 
ings  of  the  Court-martial  of  November,  1847. 

I  will  first  call  attention,  under  this  head,  to  what  relates  to  the  expedition  of 
December  and  January,  1846  and  1847,  from  San  Diego  to  Los  Angeles,  and 

16 


32  APPENDIX    B. 

especially  with  reference  to  the  testimony  concerning  the  command  of  the  troops 
in  that  expedition.  This  is  a  matter  on  which  General  Kearney  lays  great 
stress  throughout,  bottoming,  at  one  time,  his  claim  to  chief  authority  in  the 
province  mainly  on  the  results  of  that  expedition  and  his  alleged  command  of 
it.  I  shall,  consequently,  examine  and  test  what  he  says  in  relation  to  it,  with 
some  minuteness. 

1.  And  first,  as  to  the  point,  at  whose  instance  was  the  expedition  raised  and 
marched?  There  is  great  discrepancy  here.  In  General  Kearney's  letter  of 
17th  January  to  the  Department,  he  says : — 

"  I  have  to  state  that  the  inarch  of  the  troops  from  San  Diego  to  this  place  was 
reluctantly  consented  to  by  Commodore  Stockton,  on  my  urgent  advice  that  he 
should  not  leave  Lieutenant-Colonel  Fremont  unsupported  to  fight  a  battle  on 
which  the  fate  of  California  might,  for  a  long  time,  depend;  the  correspondence  to 
prove  which  is  noiv  with  my  papers  at  San  Diego,  &c.  &c. 

In  his  cross-examination  on  the  fourth  day  of  the  trial,  he  says: 

"In  the  latter  end  of  December,  an  expedition  was  organized  at  San  Diego  to 
march  to  Los  Angeles,  to  assist  Lieutenant-Colonel  Fremont;  and  it  ivas  organ 
ized  in  consequence,  as  I  believe,  of  this  paper,  ivhich  is  a  copy  of  a  letter  from  me 
to  Commodore  Stockton,"  (referring  to  his  letter  of  December  22,  hereafter 
quoted.) 

Let  us  contrast  this  first  positive  assertion,  and  second  more  reserved  decla 
ration  of  belief,  with  facts,  with  other  testimony,  and  finally  with  the  "  proof ' 
which  General  Kearney  tenders. 

Commodore  Stockton  testifies: — • 

"  After  General  Kearney  arrived,  (on  the  12th  December,)  and  in  my  quarters, 
and  in  presence  of  two  of  my  military  family,  I  offered  to  make  him  commander- 
in-chief  over  all  of  us,  and  I  offered  to  go  as  his  aid-de-camp.  He  said  no;  that 
the  force  was  mine ;  and  he  would  go  as  my  aid-de-camp,  or  accompany  me." 

Now,  "  to  go"  where?  to  "accompany"  where? 

This,  if  not  sufficiently  explicit,  is  made  entirely  so  by  the  certificate  of 
Messrs.  Spieden  and  Moseley,  of  the  navy,  offered  by  Commodore  Stockton,  in 
corroboration,  under  the  sanction  of  his  oath,  and,  of  course,  forming  a  proper 
interpretation  of  his  words.  This  certificate  is  as  follows: — 

"  We,  the  undersigned,  were  present  at  a  conversation  held  between  Commo 
dore  Stockton  and  General  Kearney,  at  San  Diego,  shortly  after  the  arrival  of 
the  General,  in  which  conversation  the  Commodore  offered  to  give  General 
Kearney  the  '  command-in-chief  of  the  forces  he  was  preparing  to  march  with  to 
the  Ciudad  de  los  Angeles,  and  to  act  as  aid-de-camp.  This  offer  the  General  de 
clined,  but  said  he  wovld  be  most  happy  to  go  ivith  the  Commodore  as  his  aid-de 
camp,  and  assist  him  with  his  head  and  hand. 

"WILLIAM  SPIEDEN,  IT.  S.  N. 
"SAMUEL  MOSELEY,  U.  S.  N. 

SAN  DIEGO,  February  5,  1847." 

Again,  Commodore  Stockton  testifies  that,  at  a  subsequent  interview,  a  few 
days  afterwards,  he  made  to  General  Kearney  "  the  same  offer,  in  pretty  much 
the  same  language,  and  received  pretty  much  the  same  answer." 

It  is  certain,  then,  that  General  Kearney's  letter  of  the  22d  December  was 
not  the  inducing  cause  of  the  expedition,  as  "believed,"  in  General  Kearney's 
testimony,  and  that  "the  march  of  the  troops"  was  not  a  matter  that  Commo 
dore  Stockton  "reluctantly  assented  to,"  as  asserted  in  General  Kearney's  offi 
cial  letter;  and  is  also  certain  that  General  Kearney  could  not  have  supposed 
either  to  be  the  case,  for  he  had  been  informed  ten  days  before  of  the  design  to 
send  the  expedition;  that  it  was  "preparing  to  march;"  and  he  had  been  twice 
offered,  and  had  twice  declined,  the  command  of  it. 

Commodore  Stockton  further  testifies : — 

I  now  set  to  work  to  make  the  best  preparations  I  could  to  commence  our 
march  fur  the  Ciudad  de  los  Angeles. 

During  this  time  an  expedition  that  had  been  sent  to  the  South  for  horses  re-j 
turned,  and  brought  with  it  a  number  of  horses  aud  cattle.  Captain  Turner 


APPENDIX   B.  33 

was  allowed  to  take  his  pick  of  the  horses  for  the  dragoons.     After  he  had  done 
so  he  wrote  to  me  this  note: — 

SAN  DIEGO,  December  23,  1846. 

COMMODORE: — In  compliance  with  your  verbal  instruction  to  examine  and  re 
port  upon  the  condition  of  the  public  horses  turned  over  to  me  for  the  use  of  C 
company,  1st  dragoons,  I  have  the  honour  to  state  that  in  my  opinion  not  one 
of  the  horses  referred  to  is  fit  for  dragoon  service,  being  too  poor  and  weak  for 
any  such  purpose ;  also,  that  the  company  of  dragoons  under  my  command  can 
do  much  better  service  on  foot  than  if  mounted  on  those  horses. 
I  am,  sir,  with  high  respect,  your  obedient  servant, 

H.  S.  TURNER, 

Captain  1st  dragoons,  commanding  company  C. 
COMMODORE  R.  F.  STOCKTON, 

United  States  Navy,  commanding,  &c. 

The  exact  day  of  the  return  of  this  expedition  for  horses  and  cattle  does  not 
appear.  But,  as  there  had  been  time  for  Captain  Turner  to  be  allowed  to  "take 
his  pick"  from  the  horses,  examine  them,  and  make  a  report  upon  them  by  the 
23d  of  December,  it  is  nearly  certain  that  it  must  have  returned  by  the  22d; 
and  hence  it  would  seem  that  General  Kearney's  letter,  sent  to  Commodore 
Stockton  in  the  night  of  the  last-mentioned  day,  in  which  he  "  recommends" 
the  expedition,  and  in  which  he  claims  the  whole  merit  of  the  march  and  to 
have  induced  Commodore  Stockton  reluctantly  to  consent  to  it,  was  not  written 
till  he  had  not  only  been  repeatedly  informed  that  the  expedition  was  in  pre 
paration  and  he  had  been  twice  offered  the  command  of  it,  but  not  till  the 
horses  and  cattle  for  its  use  had  actually  arrived,  and  probably  a  part  of  them 
turned  over  to  his  own  company  of  dragoons.  This,  indeed,  is  rendered  nearly 
certain  by  the  fact  that  the  preparations  for  the  expedition  were  so  far  advanced 
that  Commodore  Stockton's  general  orders  for  the  march  were  issued  on  the  day 
next  following  General  Kearney's  letter,  which  he  pretends,  under  oath,  to  have 
been  the  inducing  cause  of  the  expedition. 

But  General  Kearney  is  entitled  to  the  benefit  of  the  "proof"  which  he 
vouches  to  the  Department  in  this  passage  of  his  letter : — 

"  I  have  to  state  that  the  march  of  the  troops  from  San  Diego  to  this  place 
was  reluctantly  consented  to  by  Commodore  Stockton,  on  my  urgent  advice  that 
he  should  not  leave  Colonel  Fremont  unsupported  to  fight  a  battle  on  which  the 
fate  of  California  might  for  a  long  time  depend  ;  the  correspondence  to  prove  which 
is  now  with  my  papers  at  San  Diego,  and  a  copy  of  which  will  be  furnished  to 
you  on  my  return  to  that  place." 

This  "correspondence,"  as  he  certifies  it  on  the  twelfth  day  of  the  trial,  con 
sists  of  three  letters  and  Commodore  Stockton's  general  orders  for  the  march. 
I  will  set  out  all  of  them: — 

SAN  DIEGO,  December  22,  1846. 

DEAR  COMMODORE: — If  you  can  take  from  here  a  sufficient  force  to  oppose  the 
Califurnians,  now  supposed  to  be  near  the  Pueblo  and  waiting  for  the  approach 
of  Lieutenant-Colonel  Fremont,  I  advise  that  you  do  so,  and  that  you  march 
with  that  force  as  early  as  possible  in  the  direction  of  the  Pueblo,  by  which  you 
will  either  be  able  to  form  a  junction  with  Lieutenant-Colonel  Fremont  or  make 
a  diversion  very  much  in  his  favour. 

I  do  not  think  that  Lieutenant-Colonel  Fremont  should  be  left  unsupported  to 
fight  a  battle  upon  which  the  fate  of  California  may,  for  a  long  time,  depend, 
if  there  are  troops  here  to  act  in  concert  with  him.  Your  force  as  it  advances 
might  surprise  the  enemy  at  the  St.  Louis  mission,  and  make  prisoners  of  them. 

I  shall  be  happy,  in  such  an  expedition,  to  accompany  you,  and  to  give  you   u 
any  aid,  cither  of  head  or  hand,  of  which  I  may  be  capable. 

Yours,  truly, 

To  COMMODORE  STOCKTON,  S.  W.  KEARNEY,  Brigadier- General. 

Commanding  United  States  forces,  San  Diego. 


34  APPENDIX   B. 


HEAD-QUARTERS,  SAN  DIEGO,  December  23,  1846. 

DEAR  GENERAL: — Your  note  of  yesterday  was  handed  to  me  last  night  by  Cap 
tain  Turner  of  the  dragoons. 

In  reply  to  that  note,  permit  me  to  refer  you  to  the  conversation  held  with  you 
yesterday  morning  at  your  quarters.  I  stated  to  you  distinctly  that  I  intended  to 
march  upon  St.  Louis  Rey  as  soon  as  possible,  with  a  part  of  the  force  under  my 
command,  and  that  I  was  very  desirous  to  march  on  to  the  Pueblo  to  co-operate 
with  Lieutenant- Colonel  Fremont;  but  my  movements  after,  to  St.  Louis  Roy, 
would  depend  entirely  upon  the  information  that  I  might  receive  as  to  the 
movements  of  Colonel  Fremont  and  the  enemy.  It  might  be  necessary  for  me 
to  stop  the  pass  of  San  Felipe,  or  march  back  to  San  Diego. 

Now,  my  dear  General,  if  the  object  of  your  note  is  to  advise  me  to  do  any 
thing  which  would  enable  a  large  force  of  the  enemy  to  get  into  my  rear  and 
cut  off  my  communication  with  San  Diego,  and  hazard  the  safety  of  the  garri 
son  and  the  ships  in  the  harbour,  you  will  excuse  me  for  saying  I  cannot  follow 
any  such  advice. 

My  PURPOSE  still  is  to  march  for  St.  Louis  Rey  as  soon  as  lean  get  the  DRA 
GOONS  and  riflemen  mounted,  which  I  hope  to  do  in  two  days. 
Faithfully,  your  obedient  servant, 

R.  F.  STOCKTON, 
Commander-in-chief  and  Governor 

of  the  territory  of  California. 
To  BRIGADIER-GENERAL  S.  W.  KEARNEY, 

United  States  Army. 

SAN  DIEGO,  December  23,  1846. 

DEAR  COMMODORE: — I  have  received  yours  of  this  date,  repeating,  as  you  say, 
what  you  stated  to  me  yesterday,  and  in  reply  I  have  only  to  remark  that,  if  I 
had  so  understood  you,  I  certainly  would  not  have  written  my  letter  to  you  of  last 
evening. 

You  certainly  could  not  for  a  moment  suppose  that  I  would  advise  or  suggest 
to  you  any  movement  which  might  endanger  the  safety  of  the  garrison  and  the 
ships  in  the  harbour. 

My  letter  of  yesterday's  date  stated  that  "if  you  can  take  from  here,"  &c.,  of 
which  you  were  the  judge,  and  of  which  I  knew  nothing. 

Truly  yours, 

S.  "W.  KEARNEY,  Brigadier-  General. 
COMMODORE  R.  F.  STOCKTON, 

Commanding  United  States  Navy,  &c.,  San  Diego. 

GENERAL    ORDERS. 

The  forces  composed  of  Captain  Tilghman's  company  of  artillery,  a  detach 
ment  of  the  1st  regiment  of  dragoons,  companies  A  and  B  of  the  California 
battalion  of  mounted  riflemen,  and  a  detachment  of  sailors  and  marines,  from 
the  frigates  Congress  and  Savannah  and  the  ship  Portsmouth,  will  take  up  the 
line  of  march  for  the  Ciudad  de  los  Angeles  on  Monday  morning,  the  28th 
instant,  at  10  o'clock,  A.  M. 

By  order  of  the  commander-in-chief. 

J.  ZlELIN, 

Brevet  Captain  and  Adjutant. 
SAN  DIEGO,  December  23,  1846. 

The  character  of  this  correspondence  entirely  destroys  General  Kearney's 
asseverations, — both  the  one  in  his  report  that  Commodore  Stockton  "reluctantly 
consented"  to  the  march  of  the  troops,  and  the  one  before  the  court  that  he 
"believed"  that  the  expedition  was  organized  in  consequence  of  his  letter  of 
advice. 

Commodore  Stockton's  letter  is  explicit  both  of  his  present  and  previous 


APPENDIX   B.  35 

"Intention"  ^desire"  and  "purpose"  to  march  "as  soon  as  possible;"  while  the 
reference  to  the  dragoons,  which  were  General  Kearney's  especial  corps,  shows 
that  the  subject  of  the  expedition  must  have  been  previously  entertained  between 
the  two  correspondents.  Allow  General  Kearney,  however,  the  benefit  of  any 
misunderstanding,  touching  Commodore  Stockton's  disposition  and  intentions, 
that  he  may  have  been  under  when  he  wrote  his  letter ;  the  Commodore's  reply 
corrects  all  such  mistakes,  and  leaves  General  Kearney's  subsequent  assertions 
on  this  head  direct  contradictions  of  the  declarations  of  Commodore  Stockton. 

The  next  question  in  connection  with  this  expedition  is,  who  was  its  com 
mander?  General  Kearney  says  lie  was;  Commodore  Stockton,  sustained  by 
the  testimony  of  many  others,  says  he  was.  As  it  could  not  have  had  two  com 
manders  at  the  same  time,  I  will  compare  the  testimony.  General  Kearney's 
claim  first  comes  to  attention  in  a  letter  to  the  Department,  of  which  the  follow 
ing  is  the  first  paragraph : — 

HEAD-QUARTERS,  ARMY  OF  THE  WEST, 
CIUDAD  DE  LOS  ANGELES,  January  12,  1847. 

SIR: — I  have  the  honour  to  report  that,  at  the  request  of  Commodore  R.  F. 
Stockton,  United  States  Navy,  (who  in  September  last  assumed  the  title  of  gover 
nor  of  California,)  I  consented  to  TAKE  COMMAND  of  an  expedition  to  this  place, 
(the  capital  of  the  country,)  and  that  on  the  29th  December,  /  left  San  Diego 
with  about  five  hundred  men,  consisting  of  sixty  dismounted  dragoons,  under 
Captain  Turner,  fifty  California  volunteers,  and  the  remainder  of  marines  and 
sailors,  with  a  battery  of  artillery ;  Lieutenant  Emory  (topographical  engineers) 
acting  as  assistant  Adjutant-General.  Commodore  Stockton  accompanied  us" 

Here  the  claim  to  have  been  the  commander  is  plain,  unequivocal,  and  uncon 
ditional.  In  his  letter  to  me,  however,  of  the  same  date,  (January  12th,)  he 
expresses  it  perhaps  even  more  strongly;  since  Commodore  Stockton  is  not 
mentioned  at  all,  and  the  pronoun  "I"  and  "me"  exclude  the  idea  of  any  par 
ticipant  in  the  "possession"  or  command: 

PUEBLA  DE  LOS  ANGELES, 

January  12,  1847. — Tuesday,  6  p.  M. 

DEAR  FREMOXT  : — I  am  here  in  possession  of  this  place,  with  sailors  and  marines. 
We  met  and  defeated  the  whole  force  of  the  Californians  the  8th  and  9th.  They 
have  not  now  to  exceed  three  hundred  men  concentrated.  Avoid  charging  them, 
and  come  to  me  at  this  place. 

Acknowledge  the  hour  of  receipt  of  this,  and  when  I  may  expect  you.  Re 
gards  to  Russell.  Yours, 

S.  W.  KEARNEY,  Brigadier- General. 

LIEUTENANT-COLONEL  FREMONT. 

At  the  next  step.  General  Kearney  slightly  varies  his  claim,  and  admits  some 
qualification  to  the  completeness  of  his  command.  This  is  on  his  cross- 
examination. 

Fourth  day  of  the  trial. 

In  the  latter  end  of  December,  an  expedition  was  organized  at  San  Diego  to 
march  to  Los  Angeles,  to  assist  Lieutenant-Colonel  Fremont,  and  it  was  organ 
ized  in  consequence,  as  I  believe,  of  this  paper,  which  is  a  copy  of  a  letter  from 
me  to  Commodore  Stockton,  (referring  to  his  letter  to  Commodore  Stockton  of 
December  22.)  Commodore  Stockton  at  that  time  was  acting  as  Governor  of 
California,  so  styling  himself.  *  *  *  He  determined  on  the  expedition,  and 
on  the  morning  of  the  29th  December  the  troops  were  paraded  at  San  Diego  for 
the  march.  The  troops  consisted  of  about  five  hundred  sailors  and  marines, 
about  sixty  dragoons,  and  about  forty  or  fifty  volunteers.  While  they  were  on 
parade,  Commodore  Stockton  called  several  officers  together;  Captain  Turner, 
of  the  dragoons,  and  Lieutenant  Minor  of  the  navy,  I  know  were  there,  and 
several  others.  He  then  remarked  to  them  to  the  following  purport: — 

"Gentlemen,  General  Kearney  has  kindly  consented  to  take  the  command  of 


36  APPENDIX   B. 

the  troops  on  the  expedition;  you  will,  therefore,  look  upon  him  as  your  com 
mander.  I  shall  go  along  as  GOVERNOR  and  commander-in-chief  in  CALIFORNIA/' 
"We  marched  towards  Los  Angeles,"  &c.  *  *  *  *  "The  troops,  under  my  com 
mand,  marched  into  Los  Angeles  on  the  10th  of  January/7  &c. 

At  the  next  stage,  in  reply  to  a  question  of  the  judge-advocate,  he  returns  to 
the  positive  and  unconditional  assertion  of  command: — 

''By  the  act  of  Commodore  Stockton,  who  styled  himself  Governor  of  Cali 
fornia,  the  sailors  and  marines  were  placed  UNDER  MY  COMMAND,  on  the  29th 
December,  1846,  for  the  march  to  Los  Angeles.  I  COMMANDED  THEM  ON  THE  EX 
PEDITION;  Commodore  Stockton  accompanied  us.  I  exercised  no  command  what 
ever  over  Commodore  Stockton,  nor  did  he  exert  any  whatever  over  me." 

Afterwards  (fourteenth  day)  under  examination  by  the  court,  and  when  infor 
mation  had  been  received  here  of  the  arrival  of  Commodore  Stockton  in  the 
country,  the  witness  greatly  modified  his  position  on  this  point,  and  admits 
several  acts  of  authority  done  on  the  march  by  Commodore  Stockton,  and  that 
he  "felt  it  his  duty"  to  "consult  the  wishes"  of  the  Commodore. 

"  I  found  Commodore  Stockton,  on  my  arrival  at  San  Diego,  on  the  12th 
December,  1846,  in  command  of  the  Pacific  squadron,  having  several  ships, 
either  two  or  three,  in  the  harbour  at  that  place.  Most  of  his  sailors  were  on 
shore.  He  had  assumed  the  title  of  Governor  of  California  in  the  month  of 
August  previous.  All  at  San  Diego  addressed  him  as  '  Governor.'  I  DID  THE 

SAME. 

"After  he  had  determined  on  the  march  from  San  Diego  to  Los  Angeles,  the 
troops  being  paraded  for  it  on  the  29th  December,  he  in  the  presence  of  several 
officers,  among  whom  were  myself,  Captain  Turner  of  the  dragoons,  and  Lieu 
tenant  Minor,  of  the  navy,  and  others,  whose  names  I  do  not  recollect,  re 
marked  to  them,  'Gentlemen,  General  Kearney  has  kindly  consented  to  take 
command  of  the  troops  in  this  expedition ;  you  will,  therefore,  consider  him  as 
your  commander.  I  will  go  along  as  GOVERNOR  and  commander-in-chief  in  CALI 
FORNIA/  Under  Commodore  Stockton's  directions  every  arrangement  for  the  expe 
dition  was  made.  I  had  nothing  whatever  to  do  with  it.  We  marched  from  San 
Diego  to  Los  Angeles.  While  on  the  march,  a  few  days  before  reaching  Los 
Angeles,  a  commission  of  two  citizens,  as  I  believe,  on  behalf  of  Governor 
Flores,  came  to  Commodore  Stockton  with  a  communication  to  him  as  the 
governor  or  commander-in-chief  in  California.  Commodore  Stockton  replied 
to  that  communication  without  considting  me.  On  the  march  I  at  no  time  con 
sidered  Commodore  Stockton  under  my  direction ;  nor  did  I  at  any  time  con 
sider  myself  under  his.  His  assimilated  rank  to  officers  of  the  army  at  that 
time  was,  and  now  is,  and  will  for  upwards  of  a  year  remain,  that  of  a  colonel. 

"Although  I  did  not  consider  myself  at  any  time,  or  under  any  circumstances, 
as  under  the  orders  of  Commodore  Stockton,  yet,  as  so  large  a  portion  of  my  com 
mand  was  of  sailors  and  marines,  I  felt  it  my  duty  on  all  important  subjects  to 
considt  his  wishes,  and,  as  far  as  I  consistently  could  do  so,  to  comply  with  them." 

But  it  was  not  till  the  fifty-first  day  of  this  trial,  when  he  had  had  the  benefit 
of  several  weeks'  reflection,  added  to  information  of  the  character  of  the  testi 
mony  delivered  by  Commodore  Stockton  and  others,  and  when  he  came  into 
court  fortified  with  his  own  questions,  drawn  up  by  himself  to  square  with  pre 
arranged  answers,  that  he  could  be  brought  to  the  point  of  admitting  that, 
during  the  march,  the  Commodore  had  exercised  the  prerogative  of  sending  him 
what  he  calls  "messages"  but  the  Commodore  calls  "orders,"  and  had  directed 
many  movements  of  the  expedition.  But  even  this  day's  admissions  are  so  re 
luctant,  and  with  so  many  reservations,  that  for  the  plain  fact  other  testimony 
must  necessarily  be  brought  in. 

General  Kearney  recites  twice,  and  with  much  particularity  in  his  testimony 
to  this  point,  his  version  of  what  Commodore  Stockton  said  to  the  troops  before 
marching  from  San  Diego  on  the  subject  of  the  command;  labouring,  by  an 
ingenious  turn  of  the  last  clause,  to  draw  a  distinction  between  the  commander-in- 
chief  in  the  territory  and  the  commander-in-chief  of  the  troops.  This  is  his  pre 
cise  version  of  Governor  Stockton's  remarks: — "Gentlemen,  General  Kearney 
has  kindly  consented  to  take  command  of  the  troops  in  this  expedition;  you 


APPENDIX   B.  37 

will  therefore  look  upon  him  as  your  commander.     I  shall  go  along  as  GOVER 
NOR  and  commander-in-chief  IN  CALIFORNIA. 

This  fine-spun  distinction  seems,  in  fact,  the  corner-stone  of  General  Kearney's 
claim  to  have  been  the  Commander  of  the  expedition  ;  for,  while  he  constantly 
persists  in  that  pretension,  he  as  constantly  admits  that  Commodore  Stockton 
was  the  Governor  and  commander  in  the  territory. 

I  do  not  refer  to  this  because  I  attach  any  value  to  the  point  in  itself.  For 
any  argument  that  I  desire,  the  version  given  by  General  Kearney  would  answer 
as  well  as  any  other;  for,  if  Commodore  Stockton  was  Governor  and  commander- 
in-chief  of  California,  his  authority  was  sufficient  for  my  case,  since  Los  Ange 
les,  where  I  believe  the  charges  are  all  laid,  is  certainly  within  that  province. 
But  the  distinction  drawn  in  the  version  given  by  the  witness  was  considered 
important  by  him,  and  that  version  is  contradicted:  and  this  is  the  point  of 
view  in  which  I  present  it.  It  is  contradicted  by  Commodore  Stockton,  Lieu 
tenant  Gray,  Lieutenant  Minor,  and  the  certificate  of  Lieutenant  Rowan,  all 
whose  concurrent  testimony  affirms  that  Commodore  Stockton's  reservation  of 
authority  related  to  the  commander-in-chief  of  the  expedition,  without  the  words 
of  qualification  to  which  General  Kearney  testifies;  and  it  is  worthy  of  note 
that,  though  a  witness  of  the  prosecution,  Captain  Turner,  was  present  at  the 
address,  the  prosecution  have  not  thought  proper  to  bring  him  to  sustain  Gene 
ral  Kearney  thus  contradicted. 

A  few  detached  passages  from  the  testimony  will  show  how  materially  Gene 
ral  Kearney  is  contradicted,  in  other  respects,  upon  this  point  of  the  command: — 

General  Kearney. — "  By  the  act  of  Commodore  Stockton,  the  sailors  and  marines 
were  placed  under  my  command.  I  commanded  them  on  the  expedition." 

Commodore  Stockton. — "During  which  march  I  performed  all  the  duties  which 
I  supposed  devolved  on  the  commander-in-chief." 

General  Kearney. — "I  exercised  no  command  whatever  over  Commodore 
Stockton,  nor  did  he  exert  any  whatever  over  me." 

Commodore  Stockton. — "I  was  in  the  habit  of  sending  my  aid-de-camp  to  Gene 
ral  Kearney  to  inform  him  what  time  I wislied  to  move  in  the  morning;  and  I 
always  decided  on  the  route  we  should  take,  and  when  and  where  we  should 
encamp." 

General  Kearney. — "The  troops  under  my  command  marched  into  Los  Ange 
les  on  the  10th  of  January." 

Commodore  Stockton. — "  And  when  we  marched  into  the  city,  lied  the  way,  at 
the  head  of  the  advanced  guard." 

General  Kearney. — "On  the  march  I  at  no  time  considered  Commodore  Stock 
ton  under  my  direction,  nor  did  1,  at  any  time,  consider  myself  under  his." 

Commodore  Stockton. — "  I  observed  the  guns  being  unlimbered;  I  "was  told  it 
was  done  &//  order  of  General  Kearney  to  return  the  fire  of  the  enemy ;  / 
ordered  the  guns  limbered  up,  and  the  forces  to  cross  the  river  before  a  shot  was 
fired."  "1  observed  that  the  men  of  the  right  flank  had  been  formed  into  a 
square,  and  General  Kearney  at  tlieir  head.  1  sent  my  aid-de-camp,  Mr.  Gray, 
to  General  Kearney,  with  INSTRUCTIONS  to  move  that  square,  and  two  pieces  of 
artillery,  immediately  up  the  hill." 

General  Kearney. — "During  our  march  many  messages  were  brought  to  me 
from  Commodore  Stockton;  those  messages  I  looked  upon  as  suggestions  and 
expressions  of  his  wishes.  I  have  since  then  learned  that  he  considered  them  in 
the  light  of  orders." 

Commodore  Stockton. — "I  sent  for  Captain  Emory;  I  asked  him  by  whose 
order  the  camp  was  making  below  the  hill.  He  said  by  General  Kearnei/'s  order. 
I  told  him  to  go  to  General  Kearney  and  tell  him  that  it  was  my  order  that  the 
camp  should  be  immediately  moved  to  the  top  of  the  hill."  "I  sent  my  aid-de 
camp,  Mr.  Gray,  to  General  Kearney,  with  instructions  to  move,"  &c.  "The 
witness,  (Commodore  Stockton,)  in  enumerating  some  of  the  orders  given  and 
some  of  the  details  executed  by  himself,  meant  merely  to  cite  instances  in  which 
General  Kearney  recognised  and  acknowledged  his  (the  witness's)  comwand-ia- 
cidef  on  the  field  of  battle  as  well  as  in  t/ie  march." 

General  Kearney. — "Daring our  march,  his  (Commodore  Stockton's)  authority 


38  APPENDIX   B. 

and  command,  though  it  did  not  extend  over  me,  or  over  the  troops  which  he  had 
himself  given  me,  extended  far  beyond,"  &c. 

Commodore  Stockton. — "  Commodore  R.  F.  Stockton  begs  leave  to  add,  &c.,  that 
he  wishes  to  be  understood  as  meaning  distinctly  to  convey  the  idea  that  General 
Kearney  was  fully  invested  with  the  command  of  the  troops  in  the  battles  of  the  8th 
and  9th  of  January,  SUBJECT  to  the  orders  of  him,  the  witness,  as  COMMANDER-IN- 
CHIEF.  Most  and  nearly  all  the  execution  of  details  was  confided  to  General  Kear 
ney  as  SECOND  in  command."  "  He  could  not  attempt  to  enumerate  and  specify 
the  many  and  important  acts  of  General  Kearney  as  SECOND  in  command."  "When 
the  troops  arrived  at  San  Bernardo,  I  made  my  head-quarters  a  mile  or  two 
miles  in  advance  of  the  camp;  and  /  SENT  to  General  Kearney  to  send  me  the 
marines  and  a  piece  of  artillery,  which  was  immediately  done."  "7  ORDERED 
the  troops  all  to  lie  down,"  &c.  "After  having  DIRECTED  the  troops  to  be  formed, 
&c.,  1  took  the  marine  guard  and  two  pieces  of  artillery,"  &c.  "On  my  return, 
/gave  ORDERS  where  the  different  officers  and  troops  were  to  be  quartered,  and 
ORDERED  the  samey/a/7,"  &c. 

General  Kearney. — "I  exerted  no  command  whatever  over  Commodore  Stock 
ton,  nor  did  lie  exert  any  whatever  over  me" 

Lieutenant  Gray. — "Question. — Did  you  bear  an  order  from  Commodore 
Stockton  on  the  8th  of  January,  in  the  field,  to  General  Kearney?  if  so,  state 
the  order  and  all  the  circumstances. 

"Answer. — I  did  bear  an  order  from  Commodore  Stockton  to  General  Kearney 
on  the  8th  of  January,  on  the  field  of  battle.  The  enemy  had  been  observed  to 
withdraw  his  guns  from  the  height.  The  Commodore  directed  me  to  go  to 
General  Kearney,  and  say  to  him  to  send  a  square  and  a  field-piece  immediately 
up  on  the  height,  to  prevent  the  enemy's  returning  with  their  guns.  I  went 
and  gave  him  the  order,  and,  on  my  return  to  Commodore  Stockton,  observed  the 
division  or  square  of  General  Kearney  moving  towards  the  hill. 

"Question. — Did  you  bear  that  order  to  General  Kearney  in  your  character  of 
aid-de-camp  to  Commodore  Stockton,  the  commander-in  chief? 

"  Answer. — Yes. 

"Question  by  the  judge-advocate. — Do  you  recollect  the  words  and  manner  in 
which  you  delivered  that  order ;  did  you  deliver  it  so  that  General  Kearney 
must  have  received  it  as  an  order,  or  merely  as  a  suggestion? 

"  Answer. — I  carried  it  as  an  order,  in  the  usual  respectful  way.  TIow  Gene 
ral  Kearney  received  it,  I,  of  course,  cannot  say.  He  did  not  show,  by  his  man 
ner,  that  it  was  disagreeable  to  him,  according  to  the  best  of  my  recollection." 

Finally,  I  shall  conclude  this  point  by  showing  that  General  Kearney  did  not, 
and  could  not,  at  any  time,  have  considered  himself  the  commander  of  the 
expedition,  or  of  the  troops  composing  it,  and  was  not  so  considered  by  the 
army  officers  who  had  accompanied  him  into  California,  and  were  there. 
Because, 

1.  The  place  which  General  Kearney  held  in  the  expedition  was  that  which 
had  been  before  assigned  to  a  lieutenant  of  the  navy,  serving  under  Commodore 
Stockton,  and  this  General  Kearney  knew.     This  is  the  testimony  of  Commo 
dore  Stockton: — 

"After  the  forces  had  been  paraded  preparatory  to  the  march,  and  I  was 
about  mounting  my  horse,  General  Kearney  came  to  me  and  inquired,  who  was 
to  command  the  troops.  I  said  to  him,  Lieutenant  Rowan,  Jirat  lieutenant  of 
the  Cyane,  would  command  them.  He  gave  me  to  understand  that  he  would  like 
to  command  the  troops,  and,  after  some  further  conversation  on  the  subject,  / 
agreed  to  appoint  him  to  the  command,  and  immediately  sent  for  Lieutenant 
Rowan,"  &c. 

2.  Because,  at  the  moment  of  receiving  the  appointment,  he  was  informed  that 
the  command-in-chicf  was  reserved  by  Commodore  Stockton.     This  is  Commo 
dore  Stockton's  testimony  to  this  point: — 

"I  immediately  sent  for  Lieutenant  Rowan,  and,  assembling  the  officers  that 
were  near  at  hand,  stated  to  them  that  General  Kearney  had  volunteered  to  take 
command  of  the  troops,  but  that  I  retained  my  oicu  position  as  commander-in- 


APPENDIX   B.  39 

chief.  I  directed  my  aid-de-camp,  and  the  commissary  who  was  with  me,  to 
take  a  note  of  what  I  said  on  the  occasion." 

And  to  the  same  effect  is  the  testimony  of  Lieutenant  Gray  and  Lieutenant 
Minor,  and  the  certificate  of  Lieutenant  Rowan. 

o.  Because  both  General  Kearney  and  the  officers  under  him  received  and 
obeyed  the  orders  of  Commodore  Stockton,  in  some  instances  in  opposition  to 
those  first  given  by  General  Kearney,  both  on  the  march  and  in  the  battles. 
The  evidence  on  this  point  need  not  be  recapitulated.  Commodore  Stockton 
testifies  to  it,  Lieutenant  Gray  testifies  to  it,  Lieutenant  Minor  testifies  to  it, 
and  Lieutenant  Emory  testifies  to  having  received  and  obeyed  orders  from  Com 
modore  Stockton. 

4.  Because  Lieutenant  Emory,  attached  to  General  Kearney's  dragoon  escort, 
and  acting  as  assistant  adjutant-general,  did  not  make  his  official  report  of  losses 
in  action  in  the  expedition  to  General  Kearney,  but  to  Commodore  Stockton. 
True,  General  Kearney  says  this  was  done  "without  his  knowledge  or  consent;" 
but  that  is  only  the  stronger  proof  that  he  was  not  regarded  or  respected  as  the 
commander-in-chief,  even  by  his  confidential  supporters  and  military  family. 

5.  Because  he  admitted  to  Colonel  Russell,  as  appears  repeatedly  in  Colonel 
Russell's  testimony,  that  he  was  serving  under  Commodore  Stockton,  and  had  been 
serving  under  him  from  San  Diego. 

G.  Because,  when  I  delivered  to  him,  and  he  read  in  my  presence,  my  letter 
to  him  of  17th  January,  in  which  is  this  passage: — 

"/  learned  also  in  conversation  with  you  that  on  the  march  from  San  Diego, 
recently,  to  this  place,  you  entered  upon  and  discharged  duties  imply  ing  an 
acknowledgment  on  your  part  OF  SUPREMACY  to  Commodore  Stockton,"  he  made 
no  denial  of  it,  or  objection  to  it. 

7.  Because,  on  the  ICth  of  January,  he  applied,  in  writing,  to  Commodore 
Stockton,  "  advising"  and  "  offering"  "  to  take  one-half"  of  the  command,  and 
march  to  '*  form  a  junction,"  &c.,  addressing  Commodore  Stockton  in  that  letter 
as  "Governor  of  California,  commanding  United  States  forces." 

On  the  eighth  day  of  the  trial  General  Kearney  testified  as  follows :  — 

"  Question. — Do  you  know  whether  the  officers  of  the  battalion  raised  it  and 
marched  it  under  commission  from  Commodore  Stockton  ? 

"  Answer. — I  have  always  understood  that  Lieutenant-Colonel  Fremont  had 
raised  that  battalion  under  the  direction  of  Commodore  Stockton. 

"  Question. — With  what  commission  ? 

"  Answer. — I  never  heard  of  Commodore  Stockton  conferring  a  commission  on 
Lieutenant-Colonel  Fremont  further  than  having  appointed  him  military  com 
mandant  of  California" 

The  object  of  this  inquiry  was  not,  by  any  means,  to  get  an  opportunity  to 
discredit  the  witness.  The  object  was  to  ascertain  before  the  court  that  the  bat 
talion  was  enlisted,  organized,  and  officered  exclusively  under  naval  authority, 
and  so,  of  course,  subject  to  the  orders  of  the  naval  commander;  and  also  to 
ascertain  if  these  facts  were  not  within  the  knowledge  of  the  witness  when  he 
attempted  to  get  command  of  the  battalion  in  opposition  to  Commodore  Stock 
ton  ;  both  being  inquiries  pertinent  to  the  issues  of  the  trial,  and  the  facts 
being  what  was  desired.  But  the  nature  of  the  last  answer  was  such  as  to 
leave  the  original  inquiries  unsettled  and  to  open  a  new  one. 

The  answer  was  this: — "I never  heard  of  Commodore  Stockton's  conferring  a 
commission  on  Lieutenant-Colonel  Fremont  further  than  having  appointed  him 
military  commandant  of  California." 

And  the  new  question  raised  was  whether,  in  fact,  the  witness  had  "never 
heard"  of  a  matter  so  notorious  in  that  country.  Accordingly,  on  the  next  day, 
General  Kearney  having  mentioned  the  receipt  on  the  16th  December,  184G,  of 
a  certain  communication  from  Commodore  Stockton,  this  question  was  put: — 

"  Question. — Did  not  Commodore  Stockton,  in  that  communication,  inform  you 
that  Captain  Fremont  had  been  appointed  by  him  MAJOR,  and  Lieutenant  Gil- 
lespie,  of  the  marines,  captain,  in  the  California  battalion  ?" 

And,  a  copy  of  the  paper  having  been  shown  to  the  witness,  he  answered: — 

"  Answer. — Among  the  papers  sent  to  me  by  Commodore  Stockton  on  the  IGth 


40  APPENDIX   B. 

December,  was  a  copy  of  his  letter  to  the  Navy  Department,  dated  August  28, 
1846,  the  second  paragraph  of  which  states  that  he  had  organized  a  California 
battalion  of  mounted  riflemen,  by  the  appointment  of  all  the  necessary  officers, 
and  received  them  as  volunteers  in  the  service  of  the  United  States ;  that  Cap 
tain  Fremont  was  appointed  major,  and  Lieutenant  Gillespie  captain  of  the  bat' 
talion." 

Again,  on  the  13th  day  of  the  trial,  two  other  papers  were  shown  to  the  wit 
ness,  with  this  question  : — 

"Were  not  copies  of  these  two  papers,  describing  him  (Fremont)  as  Major 
Fremont,  among  those  furnished  to  you  by  Commodore  Stockton  at  San  Diego  ? 
And  were  not  copies  of  them  filed  in  the  War  Department  by  you  since  your 
return  from  California  and  after  your  arrival  in  this  city  in  September  last  ? 

"Answer,  (after  reading  over  the  papers.) — I  think  that  copies  of  these 
papers  were  furnished  to  me  by  Commodore  Stockton." 

To  the  latter  part  of  the  question,  "  Were  they  not  filed  by  you  in  the  War 
Department  since  your  return  from  California  and  after  your  arrival  in  this  city 
in  September  last/'  "  I  see  on  the  papers  the  certificate  of  Captain  Townsend 
that  I  did  so;  I  think  Captain  Townsend  is  mistaken." 

But  on  the  following  day  he  admitted  that  Captain  Townsend  was  not  mis 
taken  ;  that  the  papers  had  been  put  into  his  hands  by  Commodore  Stockton  in 
December,  1846,  and  had  been  filed  by  him  in  the  War  Office  as  late  as  the  21st 
September  last?  From  all  this,  however,  it  only  resulted  that  he  had  se.en  of  the 
appointment  of  Fremont  as  major;  that  he  had  "  never  heard"  of  it  was  not  yet 
disproved. 

This  was  accomplished  in  his  testimony  on  the  ninth  day,  when  he  admitted 
as  follows : — 

"  Commodore  Stockton  did  inform  me,  in  the  conversation  alluded  to  between 
us,  that  California  had  been  conquered  in  July  and  August  of  the  same  year, 
(this  conversation  was  held  in  December,)  and  that  Major  Fremont  had  gone  to 
the  North  to  raise  men,"  &c. 

In  the  same  connection  and  for  the  same  purpose  the  question  arose  Avhether 
Lieutenant  Gillespie,  of  the  marine  corps,  was  not  also  an  officer  of  the  bat 
talion  ;  and  the  answer  of  the  witness  was  again  such  as  not  only  to  leave  the 
original  question  open,  but  to  raise  the  new  one,  which  brings  the  subject  within 
this  branch  of  my  defence.  The  witness's  answer  was  as  follows : — 

"Captain  Gillespie  had  marched  with  me  from  San  Diego  to  Los  Angeles, 
and  was  serving  under  me.  If  his  company  was  with  the  California  battalion  I 

DID  NOT  KNOW  IT." 

It  appeared,  however,  on  examination,  that  the  same  communication  (of  28th 
August,  1846)  that  informed  the  witness  that  Fremont  had  been  appointed 
major  of  the  battalion  also  informed  him  that  Gillespie  had  been  appointed 
captain  in  it.  It  fiirther  appeared  that,  in  the  surgeon's  list  of  killed  and 
wounded  in  the  actions  of  8th  and  9th  January,  furnished  by  Lieutenant  Emory 
to  General  Kearney,  and  by  him  sent  to  the  department,  Captain  Gillespie  is 
reported  as  an  officer  of  the  California  battalion  ;  and  Captain  Gillespie  himself 
gave  the  following  emphatic  testimony : — 

"  Question. — Did  you  at  any  time  communicate  to  General  Kearney  your  rank 
and  position  in  the  California  battalion?  If  so,  when  and  where  was  that  com 
munication  made  ? 

"Answer. — I  did  communicate  to  General  Kearney  my  position  in  the  battalion 
on  the  5th  of  December,  1846,  about  one  o'clock  in  the  day,  in  the  mountains 
about  half-way  between  Santa  Maria  and  Santa  Isabel.  When  I  met  him  I 
was  at  the  head  of  a  detachment  of  volunteers  and  sailors,  I  having  been  ordered 
by  Commodore  Stockton  to  proceed  to  Warner's  Pass  to  communicate  with 
General  Kearney.'' 

These  inquiries  concerning  th^  raising  and  officering  of  the  battalion  were  to 
matters  connected  intimately  with  the  issues  of  the  trial,  and  the  answers  of 
the  witness  seemed  to  indicate  a  consciousness  of  it.  But  I  do  not  desire  to  pre 
sent  them  in  any  other  light  than  as  instances  of  defective  and  equivocating 
memory,  and  in  that  view  affecting  the  general  credit  of  his  testimony. 


APPENDIX   C.  41 

Under  the  same  infirmity  of  memory  I  am  willing  to  class  the  extraordinary 
facility  of  omission  betrayed  by  the  witness  in  his  manner,  which  seems  to  be 
habitual,  of  half-telling  where  whole-telling  is  essential.  Thus  :  On  the  third  day 
of  the  trial  he  commences  an  answer  in  these  words: — "About  the  14th  Janu 
ary,  1847. 1  received  from  Lieutenant-Colonel  Fremont  a  communication,  dated," 
&c. — the  inference  being,  of  course,  that  my  communication  was  voluntary  ;  the 
fact  (and  most  important  one,  too)  being  that  it  was  drawn  out  by  no  less  than 
four  importunate  letters  that  I  had  before  received.  Again,  in  continuation  of 
the  same  narration  : — "  On  the  day  subsequent,  viz.,  on  the  17th  January,  Lieu 
tenant-Colonel  Fremont  came  to  my  quarters,  and  in  conversation,"  &c. — the 
inference  being,  of  course,  that  I  went  at  my  own  instance,  whereas  the  fact 
(most  material  and  relevant,  and  deciding  the  character  of  the  interview)  turned 
out  that  I  went  in  compliance  with  the  written  request  of  the  witness  to  see  me 
"on  business."  Again,  same  day: — "I  was  first  met  by  a  detachment  from 

Commodore  Stockton,"  &c "It  came  from  Commodore  Stockton  to  give 

me  information,"  &c. ; the  inference  being  that  it  went  voluntarily  or 

was  sent  by  Commodore  Stockton  of  his  own  motion, — the  important  fact  ap 
pearing,  however,  when  Commodore  Stockton  came  on  the  stand,  three  weeks 
after,  that  it  was  sent  out  at  the  written  request  of  General  Kearney  for  a  party 
"  to  open  communication  with  him,"  &c.  So,  in  the  same  letter  making  this 
application,  he  writes  to  Commodore  Stockton  as  follows  : — "Tour  express,  by  Mr. 
Carson,  was  met  on  the  Del  Norte,  and  your  mail  must  have  reached  Washington 
at  least  ten  days  since" — omitting  the  material  fact  that  Mr.  Carson,  in  addition 
to  being  met,  was  likewise  turned  back,  and  leaving  the  inference  that  he  had 
gone  on.  Again,  in  his  testimony  on  the  sixth  day  of  the  trial,  speaking  of  his 
position  on  the  hill  of  San  Bernardo,  the  witness  says  : — "  I  stated  to  the  doctor 
and  others  that  we  would  leave  next  morning,  which  we  accordingly  did  ;  Lieu 
tenant  Gray,  of  the  navy,  with  a  gallant  command  of  sailors  and  marines,  having 
come  into  our  camp  the  night  previous" — the  inference  being  that  Lieutenant 
Gray  and  his  command  came  voluntarily  or  by  chance  into  the  camp,  the  fact 
being  that  it  was  a  detachment  of  two  hundred  and  fifteen  men  sent  from  San 
Diego  expressly  for  the  relief  of  General  Kearney's  camp  and  in  pursuance  of 
his  repeated  urgent  calls  for  succour — one  of  them  (that  by  Lieutenant  Beale, 
Mr.  Carson,  and  the  Indian)  conveyed  through  the  enemy's  lines  and  an  insur 
gent  population  under  circumstances  of  devotion  and  courage  unsurpassed,  but 
no  mention  of  which  is  found  in  the  official  report  or  in  any  part  of  the  testi 
mony  of  General  Kearney. 


APPENDIX  C. 


The  following  statement  is  appended  in  a  note  to  Mr.  Benton's  Speech, 
July,  1848,  o?i  the  brevet  nomination  of  General  Kearney.  See 
Appendix  to  Congressional  Globe,  1848. 

Mr.  CARSON  has  since  arrived  in  Washington  and  given  me  the  following  state 
ment  in  relation  to  the  turning  back,  the  truth  of  which,  as  of  every  thing  else 
that  he  says,  I  underwrite: — 

Statement  of  Mr.  C.  Carson. 

I  met  General  Kearney  with  his  troops  on  the  Gth  of  December,  a  short  dis 
tance  below  Santa  Fe.  I  had  heard  before  of  their  coming,  and,  when  I  met 
them,  the  first  thing  I  told  them  was  that  they  were  "too  late" — that  California 


42  APPENDIX    C. 

was  conquered,  and  the  United  States  flag  raised  in  all  parts  of  the  country. 
But  General  Kearney  said  he  would  go  on,  and  said  something  about  going  to 
establish  a  civil  government.  I  told  him  a  civil  government  was  already 
established,  and  Colonel  Fremont  appointed  governor,  to  commence  as  soon  as 
he  returned  from  the  North,  some  time  in  that  very  month,  (October.) 

General  Kearney  said  that  that  was  no  difference, — that  he  was  a  friend  of 
Colonel  Fremont,  and  he  would  make  him  governor  himself.  He  began  from  the 
first  to  insist  on  my  turning  back  to  guide  him  into  California.  I  told  him  I  could 
not  turn  back;  that  I  had  pledged  myself  to  Commodore  Stockton  and  Colonel 
Fremont  to  take  their  despatches  through  to  Washington  city,  and  to  return  with 
them  as  far  as  New  Mexico,  where  my  family  lived,  and  to  carry  them  all  the 
way  back  if  I  did  not  find  some  one  at  Santa  Fe  that  I  could  trust  as  well  as  I 
could  myself;  that  I  had  promised  them  I  would  reach  Washington  in  sixty 
days,  and  that  they  should  have  return  despatches  from  the  government  in  one 
hundred  and  twenty  days.  I  had  performed  so  much  of  the  journey  in  the  ap 
pointed  time,  and,  in  doing  so,  had  already  worn  out  and  killed  thirty-four  mules; 
that  Stockton  and  Fremont  had  given  me  letters  of  credit  to  persons  on  the  way 
to  furnish  me  with  all  the  animals  I  needed,  and  all  supplies  to  make  the  trip 
to  Washington  and  back  in  the  one  hundred  and  twenty  days;  and  that  I  was 
pledged  to  them  and  could  not  disappoint  them;  and,  besides,  that  I  was  under 
more  obligations  to  Colonel  Fremont  than  to  any  other  man  alive.  General 
Kearney  would  not  hear  any  such  thing  as  my  going  on.  He  told  me  he  was  a 
friend  to  Colonel  Fremont  and  Colonel  Benton,  and  all  the  family,  and  would 
send  on  the  despatches  by  Mr.  Fitzpatrick,  who  had  been  with  Colonel  Fremont 
in  his  exploring  party,  and  was  a  good  friend  to  him,  and  would  take  the  de 
spatches  through  and  bring  them  back  as  quick  as  I  could. 

When  he  could  not  persuade  me  to  turn  back,  he  then  told  me  that  he  had  a 
right  to  make  me  go  with  him,  and  insisted  on  his  right;  and  I  did  not  consent 
to  turn  back  tilHie  had  made  me  believe  that  he  had  a  right  to  order  me;  and 
then,  as  Mr.  Fitzpatrick  was  going  on  with  the  despatches,  and  General  Kearney 
seemed  such  a  good  friend  of  the  Colonel's,  I  let  him  take  me  back;  and  I  guided 
him  through,  but  with  great  hesitation,  and  had  prepared  every  thing  to  escape 

in  the  night  before  they  started,  and  made  known  my  intention  to Maxwell, 

who  urged  me  not  to  do  so. 

More  than  twenty  times  on  the  road  General  Kearney  told  me  about  his  being 
a  friend  to  Colonel  Benton  and  Colonel  Fremont,  and  all  their  family,  and  that 
he  intended  to  make  Colonel  Fremont  the  Governor  of  California ;  and  all  this 
of  his  own  accord,  as  we  were  travelling  along  or  in  camp,  and  without  my 
asking  him  a  word  about  it.  I  say  more  than  twenty  times,  for  I  cannot  re 
member  how  many  times,  it  was  such  a  common  thing  for  him  to  talk  about  it. 

This  statement  I  make  at  the  request  of  Senator  Benton,  but  had  much  rather 
be  examined  in  a  court  of  justice,  face  to  face  with  General  Kearney,  and  there 
tell  at  once  all  that  I  know  about  General  Kearney's  battles  and  conduct  in 
California. 


APPENDIX  D.  43 


APPENDIX  D. 


Extract  from  Appendix  to  Senator  Benton's  Speech  in  Executive  Ses 
sion,  on  the  brevet  nomination  of  Brigadier-General  Kearney  for 
Major- General,  delivered  July,  1848,  and  printed  in  Appendix  to 
Congressional  Globe  of  that  date. 

QUESTION    OP    SUPREMACY    BETWEEN   COMMODORE    STOCKTON   AND    GENERAL    KEARNEY 

IN    CALIFORNIA. 

1.  Note  from  Mr.  Robert  Semple,  editor  of  the  "  Californian,"  dated  April  24, 
1847,  asking  him  to  state  the  circumstances  of  the  march  and  campaign  from 
San  Diego  to  Los  Angeles,  taken  from  the  "  Californian"  of  July  17,  1847. 

MONTEREY,  April  24,  1847. 

DEAR  SIR  : — Some  facts  have  come  to  my  knowledge,  which  make  it  proper  for 
me  to  request  you  to  write  the  facts  which  occurred  at  San  Diego  previous  to  the 
march  of  the  American  forces  on  Los  Angeles,  and  the  manner  of  conducting 
the  campaign  ;  not  for  publication,  or  to  be  used  without  your  permission,  but  to 
be  kept,  that  it  may  be  used,  should  such  necessity  arise. 

Very  respectfully,  your  obedient  servant, 

R.  SEMPLE. 
S.  W.  KEARNEY, 

Brigadier- General  and  Governor  of  California. 


2.  Statement  of  Mr.  Semple  in  the  "  Californian"  of  the  17th  of  July,  near 
three  months  after  writing  the  above  note,  showing  that  it  was  written  to  Gene 
ral  Kearney  in  consequence  of  a  communication  from  Commodore  Stockton  of 
the  10th  of  March  previous,  asserting  his  supremacy  of  command  in  the  San 
Diego  and  Los  Angeles  expedition  ;  and  that  General  Kearney  made  no  answer 
to  it,  but  held  the  editor  to  his  accountability  if  he  should  publish  Stockton's 
statement  and  the  vouchers  which  accompanied  it. 

The  above  letter  was  written  on  my  return  to  Monterey,  and  after  the  receipt 
of  Commodore  Stockton's  letter  and  the  accompanying  documents.  Several 
days  passed,  and,  having  received  no  answer,  I  called  on  the  General  and  in 
formed  him  of  the  purport  of  Commodore  Stockton's  letter,  and  he  refused  to 
release  me  from  responsibility  in  the  publication  of  the  papers  alluded  to.  I 
immediately  wrote  to  Commodore  Stockton,  informing  him  of  the  fact,  and  ask 
ing  if  he  insisted  on  their  publication.  My  great  object  in  delaying  the  papers 
was,  that  it  was  a  personal  difficulty  between  Kearney  and  Stockton,  and  might 
be  much  better  settled  in  the  United  States,  and  would  be  productive  of  no  good 
here,  either  to  the  parties  or  to  the  country. 


3.  Commodore  Stockton's  letter  to  the  Editor  of  the  "Californian,"  10th  of 
March,  1847,  asserting  his  own  command  in  the  expedition,  and  contradicting 
an  editorial  article  of  the  13th  of  February,  in  that  paper,  claiming  the  com 
mand  for  Kearney. 


44  APPENDIX    D. 

UNITED  STATES  FRIGATE  CONGRESS, 
HARBOUR  OF  SAN  DIEGO,  March  10,  1847. 

TO   THE    EDITORS    OF    THE    "CALIFORNIAN,"    MONTEREY: 

GENTLEMEN  : — In  an  editorial  article  in  the  "  Californian"  of  the  13th  Febru 
ary,  you  may  find  the  following  paragraph  : — 

"  Commodore  Stockton  announced  to  the  officers  that  the  whole  expedition  was 
placed  under  the  command  of  General  Kearney,  himself  holding  his  station  as 
Commander-in-chief  of  California,  and  General  Kearney  did  command  the  whole 
expedition" 

I  take  the  first  opportunity  to  say  to  you  that  the  above  paragraph  is  not  true 
in  any  one  of  its  important  particulars.  It  is  not  true  that  I  placed  the  whole 
expedition  under  the  command  of  General  Kearney,  nor  did  I  so  announce  it. 

On  the  request  of  General  Kearney,  and  with  the  consent  of  Lieutenant 
Rowan,  (to  whom,  with  the  consent  of  Lieutenant  Minor,  who  had  previously 
held  it,  I  had  given  the  command  only  the  night  before,)  I  appointed  General 
Kearney  to  command  the  troops,  and  so  announced  it;  at  the  same  time,  stated 
distinctly  that  I  still  retained  my  own  position  as  Commander-in-chief.  The 
word  California  did  not  pass  my  lips  upon  that  occasion. 

Now,  Messrs.  Editors,  if  you  say  that  I  delegated,  or  intended  to  delegate,  to 
General  Kearney,  or  to  any  one  else,  any  part  of  my  duty  or  authority  as  the 
director  of  the  expedition  or  Commander-in-chief  of  the  forces,  or  that  General 
Kearney,  or  any  other  person  but  myself,  exercised,  or  pretended  to  exercise, 
any  such  power  or  authority  from  the  time  we  left  San  Diego  until  we  arrived 
at  the  Ciudad  de  los  Angeles,  then  I  must  say  to  you  that  all  such  statements 
are  false. 

But,  Messrs.  Editors,  it  is  quite  true  that  "  Commodore  Stockton  did  leave 
San  Diego  at  the  head  of  the  forces  at  his  command,"  and  marched  into  the 
Ciudad  de  los  Angeles  in  the  same  way. 

There  are  other  most  glaring  misstatements  in  the  editorial  referred  to,  which, 
no  doubt,  in  due  season,  will  be  corrected.  In  the  mean  time,  go  on. 

Sic  iter  ad  astra. 

Your  obedient  servant, 

R.  F.  STOCKTON. 

P.S. — This  communication  has  been  delayed  in  the  hope  that  I  could  be  at 
Monterey  before  this  time. 


4.  Letter  from  Purser  Speiden,  of  the  16th  of  March,  to  the  same  Editor,  con 
tradicting  the  same  editorial,  avowing  himself  the  author  of  a  letter  in  which  an 
account  of  the  expedition  was  given,  and  Commodore  Stockton  treated  as  the 
Commander-in-chief. 

UNITED  STATES  SHIP  CONGRESS, 
SAN  DIEGO,  March  16,  1847. 

TO    THE    EDITORS   OF    THE    "CALIFORNIA!*,"    MONTEREY: 

GENTLEMEN  : — I  have  noticed,  in  an  extra  sheet  of  your  paper,  under  date  of 
the  28th  of  January  last,  an  account  of  the  battles  of  the  8th  and  9th  of  January, 
on  the  banks  of  San  Gabriel  and  plains  of  the  Mesa,  taken  from  a  communica 
tion  from  an  officer  of  the  Congress,  dated  Ciudad  de  los  Angeles,  14th  January. 

On  referring  to  a  "  Califoruian"  of  the  13th  February  following,  I  find  in  the 
editorial  column  of  that  paper  the  following  sentences,  having  reference  to  the 
communication  referred  to: — 

"Our  object  in  referring  to  this  letter  is  to  do  justice  to  two  brave  and  dis 
tinguished  officers,  General  Kearney  and  Captain  Mervine." 

The  writer  of  this  letter  states  that,  in  the  march  from  San  Diego  to  Los 
Angeles,  the  whole  was  under  the  immediate  command  of  Commodore  Stock 
ton  ;  while  the  truth  is,  that  previous  to  taking  up  the  line  of  march,  Commo- 


APPENDIX   D.  45 

dore  Stockton  announced  to  the  officers  that  the  -whole  expedition  was  placed 
under  the  command  of  General  Kearney,  himself  holding  his  station  as  Com 
mander-in-chief  of  California,  and  General  Kearney  did  command  the  whole 
expedition,  and  Captain  Turner  the  dragoons  alluded  to. 

As  the  writer  of  the  communication  referred  to  is  the  subscriber,  he  now  re 
quests  you  to  publish  the  enclosed  papers,  marked  A  and  B,  that  the  public 
may  judge  who  the  party  is,  dealing  in  error  and  untruths. 

Should  the  truth  of  the  communication,  a  copy  of  which  is  herewith  enclosed, 
be  sustained  by  the  evidence  adduced,  the  editors  must  see,  and  the  public  too, 
the  palpable  misrepresentation  of  the  editorial  report. 

The  undersigned  has  nothing  to  do  with  the  notices  of  the  editors  in  defend 
ing  the  military  character  of  General  Kearney  and  Captain  Mervine,  which  it 
was  not  his  intention  to  attack,  and  he  leaves  it  with  the  public  to  judge  how  far 
his  expression  in  the  communication,  "  The  success  attending  the  Californians  in 
their  fight  with  Captain  Mervine,  and  afterwards  with  General  Kearney,  made 
them  very  bold  and  arrogant,"  is  a  matter  of  notoriety. 

The  only  object  of  the  undersigned  in  making  the  communication  was  that 
you,  sirs,  might  give  publicity  to  an  event  that  would  be  interesting  to  your 
American  readers,  at  least,  not  dreaming  it  would  call  forth  so  unjust  an  attack 
by  you  upon  his  veracity. 

Very  respectfully,  your  obedient  servant, 

WM.  SPEIDEN. 


5.  Statement  of  four  naval  officers,  of  the  9th  of  March,  attesting  that  Commo 
dore  Stockton  was  Commander-in-chief  in  that  expedition  : — 

SAN  DIEGO,  March  9,  1847. 

SIR  : — In  answer  to  your  letter  of  the  8th  instant,  we  have  to  state  that  the 
expedition  from  San  Diego  to  the  Ciudad  de  los  Angeles  was  conceived  and 
fitted  out  by  Commodore  Stockton,  and  commanded  by  him  as  Commander-in- 
chief,  and  as  such  he  was  recognised  from  its  conception  to  its  successful  termi 
nation  at  the  Ciudad  de  los  Angeles. 

Commodore  Stockton  gave  all  orders  and  directions  during  the  march  com 
porting  with  the  dignity  of  Commander-in-chief,  and  all  flags  of  truce  were  re 
ferred  to  him.  Commodore  Stockton  replied  to  General  Flores  (who  signed 
himself  Commander-in-chief  and  Governor  of  California)  that  he  would  have 
nothing  to  do  with  any  man,  or  set  of  men,  who  did  not  acknowledge  him 
(Commodore  Stockton)  as  Commander-in-chief  and  Governor  of  California. 

We  consider  General  Kearney  as  second  in  command  from  the  time  we  left  v 
San  Diego  to  the  termination  of  the  expedition ;  and  we  believe  he  was  so  con 
sidered  by  all  the  officers  of  the  expedition. 

With  the  highest  respect,  we  remain  your  obedient  servants, 
S.  C.  ROWAN,  Lt.  U.  8.  N.  and  Major. 
GEO.  MINOR,  Lt.  U.  S.  N.  and  Q.  M. 
J.  ZEILIX,  1st  Lt.  U.  S.  N.  and  Bt.  Capt.  and  A.  Bat. 
AY.  SPEIDEN,  Purser  U.  S.  N.  and  Com'y. 


6.  Statement  of  fifteen  naval  officers,  including  the  other  four,  attesting  the 
truth  of  the  narrative  contained  in  the  letter  of  Purser  Speiden  to  the  Editor  of 
the  "Californian."  The  letter  is  a  detailed  narrative,  written  immediately  after 
the  exptnlition,  and,  in  recounting  events,  always  speaking  of  Commodore  Stock 
ton  as  Commander-in-chief,  it  not  being  known  at  Los  Angeles  at  the  time  of 
writing  that  letter,  (14th  January,')  that  General  Kearney  claimed  to  have  been 
the  commandtr. 


46  APPENDIX   D. 

We  the  undersigned,  officers  of  the  United  States  Ship  Congress,  who  accom 
panied  the  troops  under  the  command  of  Commodore  R.  F.  Stockton,  in  the 
march  from  San  Diego  to  the  Ciudad  de  los  Angeles,  and  who  were  present 
during  the  fight  of  the  8th  and  9th  of  January,  do  certify  to  the  correctness  of 
the  above  narration. 

J.  GUEST,  Acting  Lieutenant. 

W.  H.  THOMSON,  Acting  Lieutenant. 

J.  ZEILEN,  1st  Lieut,  and  Bvt.  Capt.  U.  S.  M.  C. 

J.  M.  DUNCAN,  Acting  Master. 

C.  EVERSFIELD,  Assistant  Surgeon. 

T.  LEE,  Midshipman. 

B.  F.  WELLS,  Midshipman. 

P.  H.  HAYWOOD,  Midshipman  and  Acting  Lieut, 
on  the  march. 

R.  C.  DUVAL, 

W.  SIMMONS,  Com.'s  Cleric. 

J.  SOUTHWICK,  Carpenter. 

J.  PEED,  Sailmaker. 

I  cheerfully  coincide  in  the  opinion  expressed  by  the  above-named  officers. 
G.  MINOR,  Lieut.  U.  S.  N.  and  Quartermaster 
on  the  march. 

I  believe  the  written  account  of  our  march  on  the  Ciudad  de  los  Angeles  to  be 
circumstantially  correct. 

S.  C.  ROWAN,  Lieut.  U.  S.  N.  and  Major  of  Brigade. 

We  do  hereby  certify  that  we  have  compared  the  above  copy  with  the  com 
munication  made  by  Purser  Speiden  to  Walter  Colton,  Editor  of  the  "  Califor- 
nian,"  and  find  it  to  be  a  correct  copy. 

J.  W.  LIVINGSTON,  Lieut.  Com'g  United  States 

Frigate  Congress. 

S.  MOSELY,  Surgeon,  United  States  Frigate  Congress. 
UNITED  STATES  SHIP  CONGRESS, 
SAN  DIEGO,  March  11,  1847. 


7.  Official  Letter  from  General  Kearney  to  Commodore  Stockton,  at  Los  An 
geles,  January  13,  applying  to  Commodore  Stockton,  as  his  Commander-in-chief, 
for  leave  to  fake  part  of  the  command,  and  to  go  to  the  relief  of  Lieutenant- 
Colonel  Fremont. 

HEAD-QUARTERS,  ARMY  OF  THE  WEST, 
CIUDAD  DE  LOS  ANGELES,  U.  C.,  January  13,  1847. 

SIR  : — I  fear,  from  the  armistice  which  I  this  morning  saw,  signed  by  Lieu 
tenant-Colonel  Fremont,  and  sent  to  me  by  you,  that  our  countrymen  under 
Colonel  Fremont  are  entirely  ignorant  of  our  being  here ;  that  they  are  embar 
rassed  in  their  movements.  And  I  further  fear  that,  unless  something  is  done 
at  once  to  inform  them  of  the  true  state  of  affairs  here,  they  may  capitulate  and 
retire  to  the  upper  country. 

To  avoid  so  serious  an  evil,  I  advise  and  offer  to  take  one-half  of  this  com 
mand, — from  250  to  300  men, — and  march  at  once  to  form  a  junction  with 
Lieutenant-Colonel  Fremont. 

Very  respectfully,  your  obedient  servant, 

S.  W.  KEARNEY,  Brig. -General. 
COMMODORE  R.  F.  STOCKTON, 

Governor  of  California,  commanding  U.  S.  Forces. 

A  true  copy.  E.  D.  TOWNSEND, 

Assistant  Adjutant- General. 


APPENDIX    D.  47 


8.  Letter  of  Purser  Speiden,  referred  to  in  his  letter  of  the  IGth  March,  1847, 
above  set  forth. 

(From  the  California  Extra,  of  January  28,  1847.) 

The  following  letter  is  from  an  officer  attached  to  the  command  of  Commodore 
Stockton,  and  describes  with  graphic  force  the  engagements  which  took  place  on 
the  march  to  the  Puebla: — 

"  CIUDAD  DE  LOS  ANGELES,  January  14,  1847. 

"  I  seize  the  moment  to  write  you  a  few  hasty  lines,  which  may  possibly  reach 
you  through  the  agency  of  a  friend.  In  my  last  you  were  informed  of  the  out 
break  of  the  insurgents  of  California,  and  the  trouble  we  should  have  for  our 
Commodore  to  quell  them.  The  plan  of  Commodore  Stockton,  of  which  I  informed 
you  a  few  weeks  ago,  has  been  fully  carried  out.  At  the  head  of  the  forces  at  his 
command,  amounting  to  about  six  hundred,  including  the  detachment  of  the  first 
regiment  of  United  States  dragoons,  under  General  Kearney,  he  left  San  Diego  on 
the  mortiing  of  the  29^A  December,  determined  again  to  enter  the  capital,  take  pos 
session,  and  put  down  the  insurrection.  Our  line  of  march  was  through  a  rough 
and  mountainous  country  of  nearly  one  hundred  and  fifty  miles,  with  impedi 
ments  on  every  side,  to  say  nothing  of  the  constant  apprehensions  of  attack, 
both  day  and  night,  by  our  enemy  on  the  way.  Our  march  was,  notwithstand 
ing,  rapid,  and,  although  performed  mostly  by  sailor  troops,  would  have  done 
credit  to  the  best-trained  army  in  the  world. 

"  On  the  morning  of  the  8th  of  January  we  found  ourselves,  after  several  days' 
hard  marching  and  fatigue,  in  the  vicinity  of  the  river  San  Gabriel,  on  the  north 
bank  of  which  the  enemy  had  fortified  themselves,  to  the  number  of  five  hundred 
well-mounted  men,  with  four  pieces  of  artillery,  and  in  a  position  so  command 
ing  that  it  seemed  impossible  to  gain  any  point  by  which  our  troops  could  be 
protected  from  the  most  galling  fire  of  their  artillery.  They  had  formed,  as  I 
before  said,  on  the  north  bank,  within  three  hundred  yards  of  the  river,  and 
presented  a  front,  consisting  of  their  whole  force,  in  three  divisions,  one  on  our 
right,  the  other  on  our  left,  and  the  third  in  front  of  the  artillery.  Our  whole 
line  advanced,  while  a  skirmish  was  kept  up  by  a  party  of  the  enemy  and  a  de 
tachment  of  our  riflemen.  On  reaching  the  south  side  of  the  river,  the  Commodore 
dismounted,  forded  the  stream,  commanded  the  troops  to  pass  over,  which  they  did 
promptly,  under  the  brisk  fire  of  the  enemy's  artillery  on  the  opposite  bank.  The 
Commodore  ordered  that  the  artillery  should  not  unlimber  until  the  opposite  side 
of  the  river  was  gained.  As  soon  as  that  was  effected,  he  ordered  a  charge,  to  take 
the  hill  directly  in  the  teeth  of  the  enemy's  guns,  which  soon  resulted  in  the  entire 
possession  of  the  prominent  point  they  had  just  occupied.  An  attempt  was  made 
by  the  Calilornians  to  cut  off  our  pack-horses  and  cattle  in  the  rear,  all  of  which, 
however,  with  the  exception  of  a  few  horses,  were  protected  by  our  rear  in  the 
most  creditable  manner.  I  am  not  sufficiently  skilled  in  military  tactics  to  give 
a  definite  account  of  the  battle;  but  the  skill  in  management  and  determined 
courage  and  bravery  of  our  Commodore  gave  to  all  the  fullest  confidence  of  a  vic 
torious  result  of  this  brilliant  affair.  The  first  gun  fired  was  aimed  by  the  Com 
modore  before  the  charge  was  made  up  the  hill,  (his  superior  skill  in  gunnery 
and  fondness  for  exercising  '  big  guns'  never  appeared  to  greater  advantage 
than  on  this  occasion,)  overthrowing  the  enemy's  gun,  which  had  just  poured 
forth  its  thunder  in  our  midst.  Finding  the  hill  in  our  possession,  and  our  artil 
lery  having  gained  the  desired  point,  a  cannonading  was  now  kept  up  for  some 
time,  the  Commodore  continuing  to  aim  the  guns,  ordering  his  men  to  lie  down 
untii  the  moment  he  was  ready  to  Jire,  by  which  means  many  valuable  and  brave 
fellows'  lives  were  saved,  as  the  Calif ornians  continued  for  some  time  to  fire  their 
artillery  with  much  effect.  For  brevity,  I  must  leave  out  many  particulars. 
Having  driven  our  enemy  before  us,  we  now  made  our  camp  for  the  night  on 
the  very  hill  they  had  tried  so  hard  to  defend,  and  where  they  intended  (as  they 
said)  '  to  eat  us  up.'  The  number  of  their  killed  and  wounded  it  was  not  pos 
sible  for  us  to  ascertain,  as  they  carried  away  immediately  on  their  horses  all 
>vho  fell. 


48  APPENDIX   D. 

"$th  January. — The  enemy  met  us  again  to-day  on  the  plains  of  the  Mesa,  near 
the  city,  and  with  bold  and  determined  effort  tried  our  lines  on  every  side  in  a 
brisk  cannonading,  with  several  attempts  to  charge  in  upon  us.  The  battle 
was  kept  up  spiritedly  for  two  hours  and  a  half,  when  General  Flores  said  to  his 
men,  '  I  have  but  another  discharge  of  artillery  to  make,  and  my  last  request 
is  that  you  will  make  a  bold  and  determined  charge  as  our  last  resort.'  This 
they  attempted ;  but  the  firm  and  steady  course  in  which  our  troops  continued 
to  defend  themselves  repelled  the  attempt  at  a  charge,  and  we  found  ourselves 
again  victorious  in  the  second  day's  fight.  The  first  day's  fight  lasted  one  hour 
and  a  half.  At  night  we  encamped  near  the  battle-ground,  and  on  the  morning 
of  the  10th  marched  into  the  city,  and  took  possession  while  the  adjacent  hills 
were  glistening  with  the  lances  of  our  enemies,  whom  we  forced  to  disperse. 
When  it  is  recollected  that  all  our  work  to  defend  ourselves,  our  baggage- 
wagons,  cattle,  horses,  and  pack-mules,  had  to  be  done  on  foot,  while  our  ene 
mies  were  mounted  on  first-rate  horses,  is  it  not  remarkable  that  we  should  have 
been  so  successful  ?  But  it  was  done  on  the  glorious  8th  of  January,  together 
with  the  following  day.  Of  the  result  of  both  days  we  are  proud  to  boast ;  but 
the  8th  was  indeed  a  brilliant  affair :  our  war-cry  was  '  New  Orleans  !'  I  can 
say  nothing  here  of  the  officers  and  men  individually ;  but  no  doubt  full  justice 
will  be  done  to  all  by  the  official  report  of  the  Commodore. 

"  I  give  the  above  facts,  being  myself  an  eye-witness  to  the  events  of  the  two 
days,  and  glad  that  I  live  to  write  you. 

"  The  success  attending  the  Californians  in  their  fight  with  Captain  Nervine  at 
San  Pedro,  and  afterwards  with  General  Kearney  at  San  Pasqual,  made  them 
very  bold  and  arrogant;  and  every  man  of  us  was  determined  to  retrieve,  if  pos 
sible,  the  credit  of  the  American  arms  in  this  country.  Yours,  &c." 


From  trie  Correspondence  of  the  Richmond  Inquirer. 

We  have  never  known  more  regret  to  be  expressed  upon  the  retirement  of 
any  Senator  than  that  which  has  followed  the  announcement  of  the  resignation 
of  Stockton.  All  parties,  sects,  and  factions  are  united  in  opinion  on  this  mat 
ter.  All  lament  the  loss  of  his  ability,  whole-souled  patriotism,  and  experience 
to  the  country ;  and  all  deplore  the  event  because  of  those  excellent  qualities  of 
head  and  heart  which  have  shone  so  conspicuously  in  the  social  world.  Many 
now  regard  it  as  a  foregone  conclusion  that  the  gallant  Sailor-Senator  is  to  be 
Secretary  of  the  Navy.  There  are  no  two  opinions  about  his  being  pre-emi 
nently  the  man  for  the  place. 


From  the  Alexandria  (Va.)  Age. 
ON  DITS. 

The  resignation  of  Commodore  Stockton,  the  notice  of  which  was  published 
,in  our  last  issue,  has  given  rise  to  much  speculation — some  asserting  that  it 
was  occasioned  by  the  pressure  of  his  own  private  business,  which  is  said  to  be 
sufficiently  overwhelming  to  occupy  his  whole  time,  and  others  that  it  was  pre 
dicated  upon  the  assumption  of  still  higher  honours  in  the  councils  of  the  na 
tion.  The  latter  class  of  speculators  assign  to  him  the  position  of  Secretary  of 
the  Navy,  in  the  Cabinet  of  General  Pier«e;  and  the  Baltimore  American  and 
Washington  Republic,  acting  upon  the  hypothesis  that  they  speak  by  authority, 
give  utterance  to  the  opinion  which  they  entertain  of  the  distinguished  Senator, 
in  terms  as  creditable  to  themselves  as  to  the  object  of  their  commendation. 
Read:— 

The  Washington  Republic,  referring  to  the  resignation  of  United  States  Sena- 
•tor  Stockton,  says: — 


APPENDIX   D.  49 


"While  we  regret  to  lose  the  Senatorial  services  of  this  distinguished  gentle 
man,  -\ve  hope  that  the  country  will  enjoy  the  benefit  of  his  abilities  and  varied 
experience  in  some  other  position/' 

We  join  in  the  expression  of  the  same  wish.  If  the  present  able  head  of  the 
Navy  Department  could  be  continued  in  the  station  which  he  has  filled  with 
such  hearty  acceptance  to  the  country  at  large,  it  would  indeed  be  a  happy  cir 
cumstance  ;  but,  as  this  is  a  thing  not  possible,  we  are  rejoiced  that  his  place  is 
probably  filled  by  so  worthy  a  successor. 

We  are  not  advised  whether  there  is  any  foundation  for  this  speculation,  "but, 
if  there  is  really  any  authority  for  it,  we  are  persuaded  that  the  choice  of  the 
President  could  not  possibly  fall  upon  a  gentleman  more  competent  to  discharge 
the  arduous  duties  of  that  responsible  post,  or  whose  elevation  to  it  would  be 
more  generally  acceptable  to  the  country.  Senator  Stockton  has  won  for  him 
self  a  leading  position  in  the  most  dignified  assembly  of  statesmen  in  the  world; 
and  the  reputation  which  he  has  thus  acquired  as  a  civilian,  coupled  with  the 
renown  he  enjoys  as  one  of  the  bravest  and  most  chivalric  of  our  naval  heroes, 
eminently  fit  and  prominently  point  to  him  as  the  man  for  the  post  to  which 
public  sentiment  has  already  assigned  him. 


From  tlie  National  Democrat,  (N.  Y.) 
SENATOR  STOCKTON. 

Doubtless  there  are  wiseacres  who  fancy  the  resignation  of  his  Senatorship 
by  II.  F.  Stockton  indicative  of  a  seat  awaiting  him  in  the  cabinet  of  General 
Pierce.  Stranger  and  far  worse  things  might  happen;  but,  as  this  step  has 
long  been  contemplated,  owing  to  the  pressing  demands  of  his  private  business 
and  interests,  we  can  see  abundant  reason  for  his  resignation  other  than  a 
cabinet  seat.  Commodore  Stockton  was  a  candidate  for  the  Senate  more  in 
obedience  to  the  solicitation  of  his  friends,  and  they  include  pretty  much  all 
New  Jersey — the  New  Jersey  Democracy  especially, — more  than  from  his  own 
desire  or  predilections.  We  can  only  regret  that,  having  done  so  bravely  in  the 
Senate,  he  is,  perforce  of  private  or  other  interests,  induced  to  resign  a  post 
which  he  has  so  dignified  and  honoured.  Just  at  this  time,  especially,  we  regret 
it ;  for  his  voice,  it  strikes  us,  is  the  potent  one  to  carry  through  a  thorough  re 
form  in  that  great  arm  of  the  national  service  with  which  the  best  energies  of 
his  past  life  have  been  connected — the  navy.  At  any  rate,  he  has  boldly  set 
'forth  the  inefficiency  of  our  present  naval  system,  and,  in  or  out  of  Congress, 
we  believe  he  will  labour  for  a  reorganization  until  it  is  accomplished.  He  is 
not  one  to  take  hold  of  the  plough  and  look  back.  Stockton  will  be  missed  from 
the  Senate,  both  as  a  legislator  and  as  a  man. 


From  the  Newark  Eagle. 
COMMODORE  STOCKTON — SECRETARY  OF  THE  NAVY. 

The  whole  nation  seems  unanimously  to  point  to  Commodore  Stockton  as  the 
future  Secretary  of  the  Navy  under  Franklin  Pierce.  The  whole  world  ac 
knowledges  his  naval  pre-eminence,  and  accords  to  him  the  merited  renown  of 
marine  skill  and  heroism. 

It  is  gratifying  to  Jerseymen  to  see  such  testimony  as  the  following,  from  the 
remotest  bounds  of  the  Union,  in  commendation  of  one  of  whom  they  are  in 
stinctively  proud.  The  New  Orleans  Delta  of  November  16,  in  speaking  of 
those  who  will  probably  compose  the  new  Cabinet  under  Franklin  Pierce,  says: — 

"Should  it  be  deemed  expedient  to  fill  the  post  of  Secretary  of  the  Navy  with 
one  who  would  infuse  new  energy  and  spirit  into  a  department  of  the  Govern- 


50  APPENDIX    D. 

ment  which  has  suffered  so  much  from  old  fogyism, — who  would  bring  to  the 
discharge  of  its  duties  an  esprit  de  corps  which  would  insure  reform,  energy, 
and  some  degree  of  progress  in  the  present  old  grannyisms  of  our  naval  bu 
reaus, — we  know  no  prominent  Democrat  of  better  qualifications  than  K.  F. 
Stockton,  of  New  Jersey." 

We  know  of  no  other  man  whose  appointment  would  receive  such  universal 
approbation  ;  and  all  parties  in  New  Jersey  would  feel  a  proud  gratification  at 
his  selection. 


From  the  Hunterdon  Gazette,  (Whig,)  N.  J. 
COMMODORE  STOCKTON  AND  THE  NAVY  DEPARTMENT. 

It  is  pretty  generally  understood  that  Commodore  Stockton  is  being  warmly 
pressed  by  his  friends  as  a  candidate  for  Secretary  of  the  Navy.  Of  all  the 
gentlemen  we  have  heard  mentioned  in  connection  with  that  station,  we  look 
upon  the  Commodore  us  the  one  best  qualified  to  fill  the  post.  We  say  this 
from  no  feeling  of  partiality  for  Mr.  Stockton,  personally  or  politically,  but  be 
cause  we  believe  he  is  abundantly  capable,  from  his  knowledge  of  naval  affairs, 
to  fill,  with  credit  to  himself  and  honour  to  his  native  State,  the  position  al 
luded  to. 


From  the  Trenton  True  American. 

Commodore  Stockton  stands  without  a  rival  in  naval  exploits,  and  the  nation 
unanimously  accords  to  him  pre-eminent  qualifications  to  discharge  the  duties 
of  that  position  which,  the  signs  of  the  times  indicate,  will  at  no  distant  day 
demand  his  naval  skill,  dauntless  courage,  and  unflinching  patriotism. 


From  the  Philadelphia  Saturday  Evening  Courier. 
DOINGS  IN  WASHINGTON  AND  BALTIMORE. 

DEAR  COURIER:—  WASHINGTON,  D.  C.,  June  11,  1852. 

Congress  has  been  in  session  near  seven  months,  at  an  expense  to  the  country 
of  one  million  at  least,  and  without  accomplishing  any  important  public  busi 
ness  as  yet.  It  will  probably  adjourn  on  the  16th  of  August,  that  having  been 
designated  as  the  day.  On  Monday,  the  election  for  Mayor  of  Washington  re 
sulted  in  favour  of  John  M.  Maury,  Democrat,  by  eight  hundred  and  ninety- 
three  majority. 

Having  been  present  during  the  sitting  in  Baltimore  of  the  recent  Democratic 
Convention  for  nominating  a  Presidential  candidate,  I  partook  of  the  intense 
excitement  which  the  occasion  inspired,  and  will  furnish  such  facts,  in  relation 
to  the  closing  scenes,  as  will  be  likely  to  interest  those  of  your  numerous  readers 
who  have  sought  in  vain  for  any  mention  of  the  name  of  the  "Conqueror  of 
California"  in  the  Convention. 

The  public  mind,  outside  the  Convention,  had  settled  down  to  the  conviction 
that  Commodore  Stockton  was  to  be  the  successful  favourite,  and  so  he  unques 
tionably  would,  had  his  name  be^n  simply  announced  in  compliance  with  the 
universal  anticipation.  There  are  different  explanations  given  as  to  the  neglect 
to  fulfil  the  general  expectation  in  reference  to  the  Senator  from  New  Jersey. 
The  Public  Ledger  of  your  city,  under  the  head  of  "A  narrow  escape  from  being 
a  Candidate,"  credits  the  Trenton  State  Gazette  with  the  assertion  that  Commo- 


APPENDIX    D.  51 

dore  Stockton  had  a  narrow  escape  from  being  the  Democratic  candidate  for  the 
Presidency  in  this  way: — "On  Friday,  a  number  of  the  States,  among  which 
was  Virginia,  became  tired  of  voting  for  the  old  candidates,  and  satisfied  that  it 
was  necessary  to  go  for  some  new  man,  they  determined  to  vote  upon  any  one 
whom  the  Virginia  delegation  might  agree  upon.  That  delegation  discussed 
the  question  on  Friday  night  and  till  an  early  hour  on  Saturday  morning. 
They  were  nearly  equally  divided  between  Stockton  and  Pierce;  but,  on  taking 
the  vote  among  themselves,  Pierce  obtained  a  majority  of  one,  and  the  delega 
tion  therefore  led  off  for  him.  It  adds,  that  a  majority  of  the  New  Jersey  dele 
gates  were  opposed  to  him,  and  two  of  them  steadily  refused  till  the  last  to  vote 
for  him.  We  know  not  how  much  of  this  statement  agrees  with  the  facts,  but 
more  unlikely  things  have  happened  in  the  Convention." 

This  is  incorrect,  inasmuch  as  there  was  at  no  time  "a  majority  of  the  New 
Jersey  delegates"  opposed  to  their  Senator,  though  the  objection  of  one  or  two 
ultras  did,  it  is  true,  prevent  that  entire  unanimity  in  the  State  delegation 
without  which  the  friends  of  .the  Commodore  unwisely  determined  to  withhold 
his  name.  This  course  was  understood  to  be  in  compliance  with  the  known 
wishes  of  Mr.  Stockton  himself,  who  had  determined  that  no  movement  should 
be  made  in  his  behalf  without  the  entire  acquiescence  of  the  delegation. 

Thus  it  may  justly  be  said  that  the  presentation  of  the  name  of  Commodore 
Stockton,  and  his  nomination  as  a  candidate  for  President  of  the  United  States 
by  the  Convention,  was  solely  prevented  by  his  own  independent  decision.  Had 
his  name  been  but  mentioned  before  the  Convention,  it  would  have  been  hailed 
with  acclamation,  for  those  who  were  present  agree  that  the  strongest  feeling 
prevailed  in  his  favour,  both  within  the  Convention  and  without.  At  a  large 
meeting  held  in  Monument  Square  during  the  previous  evening,  the  mention  of 
the  name  of  Stockton  drew  forth  such  rounds  of  applause  as  clearly  indicated 
the  public  sentiment  in  the  city  which  he  once  so  gallantly  aided  in  defending. 
The  want  of  the  entire  unanimity  on  the  part  of  the  New  Jersey  delegation 
originated  from  the  fact  that  the  Commodore  had,  on  the  recent  visit  of  Mr. 
Webster  to  Trenton,  highly  eulogized  that  eminent  statesman,  and  also  ex 
pressed  his  estimation  of  the  principles  of  one  of  the  signers  of  our  ever-glorious 
Declaration  of  Independence. 

These  offences  were  still  further  heightened  by  the  daring  assumption  that 
the  labour  of  his  own  native  State  deserved  better  encouragement  than  it  re 
ceived.  Such  were  the  very  grievous  offences  which  alone  prevented  the  unani 
mity  that  would  have  made  a  gallant,  high-minded  citizen  of  the  State  of  New 
Jersey  the  next  President  of  the  United  States. 

Yours,  truly. 


From  a  New  Jersey  Paper,  June,  1852. 
COMMODORE  STOCKTON. 

The  position  of  Commodore  Stockton  before  the  country  is  one  of  which  he 
and  the  State  may  well  be  proud.  For  some  time  prior  to  the  National  Con 
vention,  by  the  spontaneous  action  of  his  friends  in  various  parts  of  the  Union 
his  name  was  connected,  in  view  of  certain  contingencies,  with  the  Presidency; 
but,  with  consistent  dignity,  he  stood  aloof,  and  refused,  even  by  the  lifting  of  a 
finger,  to  promote  what  some  might  have  considered  a  move  calculated  to  make 
more  intricate  the  already  confused  game  on  the  Presidential  board.  On  the 
eventful  Friday,  when  every  thing  seemed  to  be  chaos,  some  of  his  friends  in 
New  Jersey,  New  York,  and  the  South,  desired  to  bring  forward  his  name  as 
the  rallying-point  for  the  Convention.  He  was  applied  to,  and  promptly  an 
swered — "It  is  not  for  me,  yeiitlemcn,  to  stir  in  this  matter!"  Still,  notwith 
standing  this,  we  learn  from  good  authority,  that  when  Virginia  cast  the  die, 
the  present  illustrious  nominee  of  the  party  only  led  our  own  favourite  son  ONE 
vote. 


52  APPENDIX   D. 

From  the  Richmond  Whig,  March,  1852. 
COMMODORE  STOCKTON. 

A  correspondent  of  the  Washington  Union  communicates  to  that  paper  along 
biographical  sketch  of  Commodore  Stockton.  The  gallant  sailor  has  had  a  life 
of  splendid  heroism  and  adventure,  and,  we  have  no  doubt,  if  nominated,  would 
make  a  tall  run  for  the  Presidency.  Who  knows  but  the  Democrats  may  com 
pose  their  personal  feuds  by  eventually  uniting  upon  STOCKTON?  Geographi 
cally,  he  stands  midway  between  North  and  South,  and  perhaps  politically  he 
stands  midway  between  Old  Fogyism  and  Young  America.  His  advocates  could 
no  doubt  convince  men  of  all  sections  and  parties  that  he  is  decidedly  a  Northern 
Southern  man,  and  emphatically  a  Conservative  Progressive.  They  might  also 
deny  that  the  soldiers  should  always  be  put  on  the  field  for  the  Presidency  in 
total  exclusion  of  the  sailors.  The  Navy  is  the  favourite  arm  of  the  nation,  and 
ought  to  come  in,  now  and  then,  for  a  share  of  the  Presidential  prize-money. 
Mr.  Stockton  asked,  in  a  late  speech,  "Did  you  ever  see  Jack  on  horseback?" 
We  would  not  be  greatly  astonished  if  the  next  Democratic  Convention,  in  case 
they  are  satisfied  that  General  Scott  will  be  the  Whig  nominee,  should  set  Jack 
astride  of  the  resolutions  of  ;98,  and  then — nous  verrons. 


From  the  Newark  Mercury. 
COMMODORE  STOCKTON  AND  NEW  JERSEY. 

We  notice  that  some  journals  are  engaged  in  slurring  the  position  which 
Commodore  Stockton  occupied  in  the  Democratic  Baltimore  Convention,  and  we 
think  this  in  exceeding  bad  taste.  Commodore  Stockton  would  have  been  the 
nominee  of  the  Democratic  party  but  for  his  strict  adherence  to  the  interests 
of  his  native  State.  It  was  openly  stated  by  the  Virginia  delegates  that  they 
would  have  preferred  Stockton  to  Pierce  but  for  the  tariif  sentiments  of  the 
former,  and  the  nomination  of  Virginia  would  have  made  him  the  candidate  of 
his  party.  We  rejoice  to  say  that  political  elevation  cannot,  now  or  prospect- 
ively,  change  the  firm  and  decided  attachment  of  our  Democratic  Senator  to  a 
principle  which  he  believes  to  be  identified  with  the  interests  of  the  country, 
and  in  which  he  is  supported  by  the  Democracy  of  his  State.  We  feel  that  his 
devotion  to  the  interests  of  New  Jersey  is  not  a  fit  subject  for  censure  even  in  a 
Whig  press. 

While  we  are  far  from  coinciding  with  Commodore  Stockton  in  all  his  views, 
and  while  we  think  him  essentially  wrong  on  the  Slavery  question,  we  do  admire 
his  real  ability,  his  generous  impulses,  his  straightforward  manliness  of  purpose, 
and  his  wearing  his  party  principles  loosely  about  him  when  they  come  in  con 
tact  with  the  interests  of  the  country.  For  his  course  in  the  Senate  of  the 
United  States  he  is  entitled  to  the  thanks  of  Jcrseymen.  He  has  ably  repre 
sented  the  humane  sentiments  of  our  people  in  his  opposition  to  the  restoration 
of  the  sailor's  lash;  he  has  nobly  vindicated  New  Jersey  interests  in  demanding 
ampler  protection  for  her  iron  and  her  manufactures;  he  has  never  swerved 
from  upholding  in  his  position  the  character  and  claims  of  his  native  State ; 
and,  if  this  course  has  been  instrumental  in  defeating  his  political  prospects, 
far'be  it  from  us  to  join  in  his  condemnation.  The  truth  is,  we  cannot  conceive 
how  Commodore  Stockton  could  have  been  controlled  sufficiently  to  have  got 
one  foot  on  such  a  platform  as  that  made  at  Baltimore. 


The  Washington  correspondent  of  the  New  Orleans  Delta  thinks  that  Com 
modore  Stockton  stands  a  chance  for  the  nomination  for  the  Presidency  by  the 
Baltimore  Convention.  He  writes: — 


APPENDIX   D.  53 

"I  find  that  many  persons  in  and  out  of  Congress  think  that  Commodore 
Stockton  has  a  very  good  chance  for  the  nomination  at  Baltimore.  He  will  not 
be  brought  forward  until  the  prominent  candidates  shall  have  been  tried  and 
shall  have  foiled.  No  one  of  them,  it  is  believed,  could,  under  present  circum 
stances,  obtain  a  vote  of  two-thirds;  and  it  is  not  likely  that  in  sixty  days  the 
state  of  things  will  be  much  changed.  The  rivalry  of  the  prominent  men,  of 
which  we  have  such  strong  evidence  here,  will  probably  prevent  their  friends 
from  combining  in  favour  of  any  one  of  them.  They  must,  therefore,  compro 
mise  upon  some  new  candidate.  The  New  York  delegation  will  settle  the  mat 
ter  by  leading  off  for  Stockton.  The  two-thirds  will  soon  follow." 

The  correspondent  of  the  New  York  Journal  of  Commerce  expresses  a  similar 
opinion. 


From  the  New  York  Times. 
FOR  PRESIDENT,  R.  F.  STOCKTON. 

Very  much  stranger  things  have  happened  than  the  nomination  of  such  a 
ticket.  The  chances  for  Mr.  Polk  were  far  less  respectable  in  1844.  The  name 
of  that  gentleman  had  been  unheard  of,  until  announced  by  the  Baltimore  Con 
vention.  His  life  was  unwritten  and  but  half  lived.  His  claims  to  Presidential 
honours  were  so  many  drafts  upon  an  uncertain  future. 

Present  circumstances  seem  to  flush  the  prospects  of  the  Captain  with  the 
hues  of  success.  He  stands  high  with  his  party.  His  temporary  following  of 
strange  gods  in  the  days  of  Harrison  and  Tyler  has  only  served  to  set  off  his 
subsequent  fidelity.  He  has  the  means  at  his  disposal  to  pay  the  most  extrava 
gant  of  costs  in  the  prosecution  of  the  campaign.  He  is  free  from  the  priggish- 
ness  of  old  fogyism,  and  equally  free  from  the  crazy  vagaries  of  Young  America. 
Upon  the  Slavery  question  he  is  sound  to  the  core — entirely  sound.  His  family 
connections,  his  Carolinian  inheritance,  his  Virginian  gold-mines,  are  deposited 
collaterals  for  his  reliability  upon  all  questions  in  which  the  peculiar  institution 
is  involved.  His  positions  upon  foreign  policy  are  remarkably  safe  and  con 
servative.  Indeed,  as  a  public  man,  it  would  be  difficult  to  pick  out  another  so 
entirely  spotless  in  all  that  relates  to  partisan  qualifications.  His  style  of  talk 
out-doors  and  on  the  stump  is  irresistible.  There  is  something  so  free,  candid, 
and  nautical,  in  his  manners,  such  a  winning  disregard  of  partisan  ties,  a  con 
tempt  so  lofty  for  conventionalities  and  formalities  of  every  kind,  so  many 
piquant  inconsistencies,  so  much  of  confiding  naivete",  that  he  springs  close  to 
and  at  once  clenches  the  popular  heart.  That  his  spirit  spurns  and  soars  im 
measurably  above  the  littleness  of  party,  is  demonstrated  at  every  fitting  oppor 
tunity,  liow  frank  and  manly  his  panegyric  of  the  man  who  may,  in  a  few 
short  months,  be  his  rival  in  the  race  of  fame? 


54  APPENDIX    E. 


APPENDIX  E. 


Address  of  Commodore  R.  F.  Stockton  to  the  People  of  Neio  Jersey  7 
in  relation  to  the  existing  contracts  between  the  State  and  the  united 
Delaware  and  Raritan  Canal  and  Camden  and  Amboy  Railroad 
Companies,  September  24, 1849. 

FELLOW-CITIZENS: — Upon  the  faith  of  a  contract  made  with  the  State  of  New 
Jersey  in  the  years  1830,  '31,  '32,  I  invested  a  very  large  amount  of  my  pro 
perty  in  the  enterprise  of  constructing  a  Canal  and  Railroad  across  the  State 
of  New  Jersey. 

I  have  been  from  the  first,  and  I  am  at  this  day,  I  believe,  the  largest  stock 
holder  of  the  united  Delaware  and  Raritan  Canal  and  Camden  and  Amboy 
Railroad  and  Transportation  Companies. 

On  my  return  from  California,  I  found  that  suits  had  been  commenced  against 
the  Railroad  Company  by  persons  alleging  that  they  had  been  overcharged 
some  small  amount  in  the  transportation  of  articles  of  merchandise  between 
New  York  and  Trenton,  in  the  companies'  lines.  These  suits  were  founded  on 
an  act  of  the  Legislature,  passed  in  1839,  and  they  question  a  construction  of 
the  company's  charter,  which  for  fifteen  years  had  been  unquestioned,  and  was 
supposed  to  be  free  from  doubt. 

The  question  involved  is  clearly  one  of  law.  The  first  case  is  now  ponding 
before  the  highest  judicial  court  in  the  State.  I  have  been  early  taught  that 
causes  pending  in  a  court  of  justice  were  only  to  be  discussed  at  the  bar  of  the 
court.  But  I  have  read  long  and  laboured  legal  arguments  in  the  public  news 
papers,  attempting  to  sustain  the  claims  of  these  persons  against  the  company, 
and  in  one  newspaper,  at  least,  published  in  New  Jersey,  it  has  been  stated  that 
the  editor  has  "authority"  for  saying  that  the  case  will  be  decided  against  the 
company. 

I  am  not  surprised;  for  I  presume  this  mode  of  dealing  with  causes  in  court 
affecting  private  property  is  part  of  the  new-born  code  of  rights  of  which  I 
propose  to  speak.  Cotemporary  with  these  lawsuits,  a  series  of  abusive  articles 
has  been  commenced  and  continued  in  the  public  newspapers,  in  and  out  of  the 
State,  full  of  false  charges  against  the  companies  and  slanderous  accusations 
of  their  officers.  In  reference  to  these  it  is  sufficient  to  say  at  present  that,  at 
the  request  of  the  companies,  commissioners  have  been  appointed  by  the  Legisla 
ture,  who  have  the  subject  of  these  charges  under  examination.  But  certain 
political  agitators,  who  have  been  labouring  to  poison  the  public  mind  against 
the  companies,  have  at  length  come  before  the  people  with  an  address  and 
resolutions,  emanating  from  what  they  call  a  State  Convention,  in  which  the 
ground  is  broadly  and  deliberately  taken  that  a  part  of  the  existing  contract 
between  the  State  and  the  companies  is  null  and  void ;  and  the  public  are  called 
upon  to  make  this  the  great  question  in  the  election  of  members  of  the  ensuing 
legislature. 

This  is  the  first  time  in  the  history  of  New  Jersey,  I  believe,  that  her  citizens 
have  been  called  upon  to  settle  the  rights  of  private  property  and  the  validity 
of  contracts  at  the  polls,  amid  the  conflict  of  party  politics  and  through  the 


APPENDIX   E.  55 

machinery  of  party  organization;  and  as  I  am  one  of  the  chief  victims  marked 
for  the  sacrifice,  and  it  is  proposed  to  begin  this  career  of  improvement  in  legal 
science  by  divesting  me  of  my  property  without  judge  or  jury,  and  through  my 
purse  sweat  the  public  treasury,  it  is  proper  perhaps  that  I  should  ask  a  hear 
ing,  and  say  that  I  do  not  mean  to  be  an  unresisting  victim. 

But,  first  of  all,  I  feel  that  I  ought  to  say  to  you,  my  fellow-citizens,  that  this 
address  is  not  prompted  by  any  doubt  of  your  intelligence  or  integrity. 

I  was  born  among  you,  as  were  my  ancestors.  Through  many  years  of  public 
service,  in  scenes  of  difficulty,  privation,  and  danger,  the  thought  of  my  native 
State,  her  honour,  her  interest,  and  her  glory,  have  been  the  lights  that  led  me 
in  the  path  of  duty;  and  I  cannot,  and  will  not,  doubt  her  fidelity  to  law  and 
principle  and  justice.  But  facts  misrepresented,  falsehood  and  slander  often 
repeated  and  not  contradicted,  in  time  come  to  be  received  by  the  public  as 
truth ;  and  history,  and  principle,  and  common  justice,  are  hence  liable  to  mon 
strous  perversions. 

I  was  not  in  the  State  of  New  Jersey  in  1830,  when  the  acts  incorporating 
the  Delaware  and  Raritan  Canal  and  Camden  and  Amboy  Railroad  Companies 
were  passed,  and  had  nothing  to  do  with  framing  their  charters.  I  was  always 
opposed  to  the  present  system.  I  said  that  the  State  had  a  valuable  farm  and 
ought  to  work  it  herself,  and  it  was  not  until  the  people  had  deliberately,  after 
years  of  agitation  on  the  subject,  determined  in  the  first  place  to  lease  the  right 
of  way,  and,  in  the  second  place,  to  give  all  necessary  protection  to  secure  the 
construction  of  her  various  improvements,  that  I  came  forward  to  give  my  aid 
to  these  well-settled  principles  and  the  people's  wishes.  This  principle  of  pro 
tection,  falsely  called  monopoly,  was  settled  and  adopted  many  years  before  the 
canal  and  railroad  charters  were  passed.  The  Delaware  Bridge,  the  bridges 
over  the  Passaic  and  Hackensack  Rivers,  the  Morris  Canal,  and  the  charter  for 
the  Delaware  and  Raritan  Canal,  passed  in  1824,  are  monuments  to  show  that 
this  policy  of  protection  was  no  new  thing,  introduced  for  the  first  time  in  our 
charters.  I  repeat  that  the  present  policy  is,  as  it  always  has  been,  protection, 
not  monopoly.  I  am  no  more  a  monopolist  than  the  man  who  rents  my  farm; 
we  both  rent  under  written  agreements,  and  are  both  protected  in  our  rights  by 
the  same  laws.  But  it  is  an  odious  cabalistic  word,  well  suited  at  all  times  for 
the  use  of  the  political  demagogue,  especially  for  the  bar-room  and  tippling- 
houses.  It  can  be  pronounced  by  the  ignorant  or  the  wise,  by  the  drunkard  or 
the  sober  man,  and  means  about  as  much  in  the  mouth  of  the  one  as  of  the 
other. 

Returning  to  the  State  some  time  after  the  charters  were  passed,  I  learned 
that  the  stock  of  the  railroad  company  had  been  subscribed;  that  of  fifteen 
thousand  shares  of  the  canal  stock  only  eleven  hundred  and  thirty-four  shares 
had  been  taken.  The  books  had  been  closed — the  hope  of  digging  the  canal 
abandoned.  There  was  no  difficulty  about  the  railroad;  that  was  considered  a 
safe  enterprise,  with  the  protection  already  stipulated  for  in  the  charter. 

My  private  fortune  was  at  this  time  safely  invested,  yielding  me  an  ample  in 
come  ;  I  was  absorbed  in  my  profession,  and  desired  no  other  business. 

I  was  importuned  for  aid.  L  was  assured  that  if  the  canal  failed  now  it  was 
lost  furever ;  and,  deeming  the  canal  of  infinite  importance  to  the  State  and  the 
nation,  I  subscribed  the  balance  of  the  stock  necessary  to  preserve  the  charter, 
amounting  to  over  four  hundred  thousand  dollars.  From  that  time  to  the  meet 
ing  of  the  next  Legislature,  1831,  every  effort  was  made  to  enlist  capitalists  in 
New  Jersey,  New  York,  Pennsylvania,  and  elsewhere,  in  the  enterprise,  but  in 
vain.  Aid  was  solicited  from  the  General  Government  and  refused. 

These  facts  were  laid  before  the  Legislature,  and  they  were  asked  to  invest  the 
company  with  the  power  to  construct  a  railroad  in  connection  with  and  on  the 
bank  of  the  canal,  as  the  means  of  inducing  the  subscription  of  the  balance  of 
the  stock.  This  the  Legislature  refused.  There  was  a  protection  contained  in 
the  charter  of  the  railroad  company.  But  they  passed  an  act,  in  1831,  which, 
while  it  required  the  proposed  dimensions  of  the  canal  to  be  increased  from 
fifty  to  seventy-five  feet  in  width,  at  an  Additional  expense  of  more  than  a  mil 
lion  of  dollars,  held  out  the  prospect  of  a  railroad  grant,  if  the  company  would 


56  APPENDIX    E. 

first  complete  the  canal.     This  act  alarmed  the  stockholders  of  the  railroad 
company.     The  two  companies  came  in  conflict.     The  case  stood  thus: — 

The  canal  company  could  not  go  on  without  railroad  privileges.  The  rail 
road  company  would  not  proceed  with  their  work  if  another  railroad  was  to  be 
authorized  to  compete  with  them.  Both  enterprises  were  in  jeopardy,  when 
the  compromise  was  linally  effected  by  the  act  of  1832,  consolidating  the  stock 
of  the  two  companies,  and  thus  securing  the  success  of  both.  The  stock  of  both 
companies  was  now  subscribed.  But  it  was  soon  perceived  that  the  increase  in 
the  size  of  the  canal,  stipulated  by  the  late  act,  and  other  unforeseen  contingen 
cies,  would  render  a  loan  of  more  than  two  millions  beyond  the  whole  capital 
stock  subscribed,  necessary  to  complete  the  two  works.  The  faith  of  capitalists 
was  shaken  by  this  announcement.  It  was  found  that  something  more  definite 
in  the  way  of  protection  was  necessary  to  restore  it.  The  companies  came  to 
the  Legislature  again,  and  to  meet  the  exigency — to  hold  out  a  sufficient  induce 
ment  to  moneyed  men  to  loan  the  funds  necessary  to  complete  the  works,  and  in 
consideration  of  the  transfer  of  one  thousand  shares  of  the  joint  stock  to  the 
State,  and  the  guarantee  of  at  least  thirty  thousand  dollars  a  year  transit-du 
ties  and  the  dividends  on  their  shares — the  act  of  March,  1832,  was  passed,  com 
pleting  the  contract  as  it  now  stands  between  the  State  and  the  companies. 

What  is  the  Contract? 

Now  Jersey  has  leased  the  right  of  way  across  the  State  to  these  companies 
for  the  purpose  of  a  canal,  for  fifty  years — for  the  purpose  of  a  railroad,  for  thirty 
years.  The  canal  and  railroad  to  be  built  at  the  expense  and  risk  of  the  lessees, 
and,  at  the  end  of  the  leases,  the  State  to  have  a  right  to  take  the  works  at  an 
appraised  valuation,  not  to  exceed  the  cost.  The  lessees  pay  the  State,  for  this 
lease,  the  dividends  on  two  thousand  shares  of  their  stock,  and  transit-duties  on 
every  passenger  and  ton  of  merchandise  carried  across  the  State,  amounting  al 
ready  to  eighty  thousand  dollars  a  year ;  and  the  whole  amount  which  has  been 
received  by  the  State  from  the  companies,  up  to  the  present  time,  exceeds  eight 
hundred  thousand  dollars,  besides  two  thousand  shares  of  stock,  the  first  cost 
of  which  was  two  hundred  thousand  dollars.  Let  me  again  remind  you  that 
the  fee  is  in  the  State ;  we  are  merely  the  lessees,  and  no  more  monopolists  than 
any  farmer  who  leases  a  piece  of  laud,  or  any  mechanic  who  leases  a  dwelling- 
house  or  shop :  and,  on  the  other  hand,  the  State  agrees  that  no  other  railroad 
shall  be  authorized  during  the  continuance  of  the  charter,  to  compete  with  these 
lessees  in  the  business  of  carrying  between  New  York  and  Philadelphia. 

It  is  a  contract,  therefore,  in  which  there  is  a  perfect  mutuality.  Both  parties 
are  bound,  and  both  benefited. 

How  ivas  it  made  ? 

By  the  people,  through  their  representatives  in  the  Legislature ;  by  solemn 
laws  deliberately  passed  through  all  the  constitutional  forms,  after  many  years' 
excitement  and 'discussion  throughout  the  State,  and  accepted  by  the  companies. 

When  made? 

Before  the  works  were  commenced,  and  during  their  progress,  on  the  faith  of 
the  State,  I  invested  nearly  my  whole  fortune,  as  have  others,  in  these  works. 
On  the  faith  of  the  State  the  company  borrowed  three  millions  of  dollars,  to  en 
able  them  to  fulfil  their  part  of  the  contract;  and  I  have  spent  nearly  twenty 
years  of  my  life  in  doing  all  I  could  for  the  interest  of  the  State  as  well  as  my 
own.  The  State  has  had  not  only  the  use  of  my  fortune,  but  of  eighteen  years' 
hard  work,  without  paying  me  one  dollar  for  either.  And  will  you,  fellow-citi 
zens,  after  all  this,  permit  socialists,  speculators,  or  demagogues  of  whatever 
degree,  to  bring  this  matter  into  party  politics,  and  to  affix  a  foul  blot  on  j'our 
fair  fame,  by  plundering  my  family,  my  friends,  and  myself,  in  the  name  of  the 
State  ? 


APPENDIX    E.  57 

It  is  an  executed  contract. 

The  companies  have  performed  their  part  of  it;  have  completed  the  works  as 
required,  and  paid  the  consideration-money  annually  to  the  State  for  seventeen 
years,  according  to  the  terms  of  the  contract.  The  State  has  never  questioned 
its  validity.  For  seventeen  years  under  this  contract,  the  State  has  received 
every  year  the  money-consideration  which  the  contract  called  for ;  thus  re 
affirming  it  every  year.  Your  State-prison,  your  lunatic-asylum,  your  very 
capitol,  stand  as  witnesses  of  the  validity,  as  the  benefit  of  the  contract,  for  they 
were  built  by  the  consideration-money  paid  and  received  under  it.  Besides  all 
this,  the  Legislature  have,  at  various  periods  within  these  seventeen  years,  re 
affirmed  its  validity  by  Acts  and  Resolutions : 

1.  In  1835,  the  Legislature  passed  this  resolution  with  only  two  dissenting 
voices  in  the  Council. 

"Resolved,  by  the  Council  and  General  Assembly  of  the  State  of  New  Jersey, 
that  the  passage  of  any  act  by  this  Legislature,  authorizing  or  recognising  any 
other  railroad  or  roads,  which  shall  be  intended  or  used  for  the  transportation 
of  passengers  or  merchandise  between  the  cities  of  New  York  and  Philadelphia, 
would  be  unjust,  impolitic,  in  violation  of  the  plighted  faith  of  the  State,  and 
deeply  injurious  to  its  interests/' 

2.  In  the  preamble  and  resolutions  passed  in  1835-36,  raising  a  committee  to 
ascertain  upon  what  terms  the  companies  would  surrender  their  works  to  the 
State,  reciting  that  "  whereas,  by  the  laws  heretofore  passed  by  the  Legislature 
of  this  State,  certain  exclusive  privileges  were  conferred  upon  the  Delaware  and 
Raritan  Canal  and  the  Camden  and  Amboy  Railroad  and  Transportation  Com 
panies,  and  whereas,  it  is  represented  that  a  large  portion  of  the  people  of  New 
Jersey  are  desirous  that  those  privileges  should  be  extinguished  in  some  just, 
honourable,  and  legal  manner,  and  whereas,  it  is  manifest  that  this  desirable 
object  can  alone  be  obtained  by  and  with  the  consent  of  the  said  companies,  there 
fore  resolved." 

3.  By  an  act  passed  1837,  proposing  "with  the  consent  of  the  companies  to 
alter  the  contract,  allowing  them  to  charge  the  sum  of  four  dollars  for  each 
passenger  carried  on  any  of  the  railroads  of  said  companies  to  and  from  the 
cities  of  New  York  and  Philadelphia  by  day,  and^ye  dollars  by  night,  provided, 
that  they  shall  pay  into  the  Treasury  of  this  State  one-half  of  any  sum  over 
three  dollars  they  may  charge  each  passenger  so  carried.     That  the  revenue 
which  may  from  time  to  time  be  received  from  the  said  companies,  after  paying 
the  State-tax  out  of  the  same,  shall  be  invested  by  the  treasurer  of  this  State, 
under  direction  of  the  Governor,  Vice-President  of  Council,  and   Speaker  of 
House  of  Assembly  for  the  time  being,  as  a  specific  fund  for  the  redemption  of 
the  railroad  and  railroad-appendages  of  the  said  companies,  as  soon  as  the  same 
shall  become  redeemable."     This  act  the  companies  have  not  as  yet  thought 
proper  to  accept. 

4.  By  an  act  of  the  same  date,  allowing  the  companies  to  construct  a  railroad 
from  Bordentown  to  New  Brunswick,  with  a  branch  to  the  Delaware  Bridge  at 
Trenton,  reciting  that,  "  for  the  purpose  of  enabling  them  to  construct  said 
roads,  the  said  united  Delaware  and  Raritan  Canal  and  Camden  and  Amboy 
Railroad  Companies  be,  and  they  hereby  are,  invested  with  all  the  power  and 
authority  which  they  now  possess,  and  entitled  to  all  the  privileges  and  emolu 
ments  to  which  they  are  now  entitled,  under  an  act  entitled  an  Act  to  incorpo 
rate  the  Delaware  and  Raritan  Canal  Company,  and  an  act  entitled  an  Act  to 
incorporate  the  Camden  and  Amboy  Railroad  and   Transportation   Company, 
and  tiie  several  acts  supplementary  to  said  acts,  or  either  of  these,  as  far  as  the 
provisions  thereof  are  now  in  force  and  not  repealed,  altered  or  amended  by- 
subsequent  acts." 

Notwithstanding  the  united  companies  were  to  make  the  road  thus  author 
ized,  they  deemed  it  necessary  to  insert  in  this  act  two  important  provisions: — 
1st.  "That  nothing  in  this  act  contained  shall  be  construed,  held,  deemed,  or 
taken  in  any  way  to  affect,  impair,  or  defeat  the  right  of  the  State  of  New  Jer 
sey  of,  in,  or  to,  the  shares  they  now  hold  of  the  capital  stock  of  said  companies, 


58  APPENDIX   E. 

or  the  interest  accruing  therefrom — or  the  transit  duties  or  the  right  of  redeem 
ing  said  works.  And  2d,  that  the  act  should  not  become  a  law  until  formally 
accepted  by  said  companies,  and  the  assent  duly  filed." 

These  references  snow  that  successive  Legislatures  coming  fresh  from  the 
people  have  over  and  over  again  affirmed  and  re-affirmed  the  binding  validity 
of  the  contract  between  the  State  and  the  companies,  by  repeated  solemn  acts 
and  resolutions  at  various  times,  and  under  various  circumstances,  since  1830. 

So  that  if  a  contract  solemnly  made  by  public  laws — passed,  affirmed  and  re 
affirmed  by  successive  Legislatures,  approved  by  the  people,  accepted  by  the 
party  contracted  with,  uniformly  recognised — the  consideration  paid  and  re 
ceived  annually  for  seventeen  years — executed  by  the  parties,  up  to  the  present 
time — is  a  binding  valid  contract,  upon  which  the  citizen  can  rely  for  the  secu 
rity  of  property  invested  under  it,  this  is  such  a  contract. 

The  two  following  propositions  will  not  be  denied  by  any  one. 

1.  That  this  is  in  form  a  legal  contract:  a  valuable  franchise  is  granted  by 
one  party,  a  valuable  consideration  paid  for  it  by  the  other. 

2.  That  this  contract  was  made  and  entered  into  by  both  parties  upon  full 
advisement.     There  was  no  misunderstanding  about  it;  there  is  no  ambiguity  in 
it.     Both  parties  intended  to  become  solemnly  and  legally  bound  by  it,  the  one  to 
the  other.     The  Legislature  agreed,  if  we  would  invest  our  fortunes  in  the  con 
struction  of  a  canal  and  railroad  across  New  Jersey,  pay  them  the  annual  divi 
dends  on  $200,000  of  stock,  transit-duties  on  every  passenger  and  ton  of  mer 
chandise  we  carried  on  these  works  across  the  State,  and  allowed  them  to  redeem 
the  works  at  cost,  in  thirty  and  fifty  years,  that  they  would  not  during  these 
periods  allow  other  roads  and  canals  to  be  chartered  to  compete  with  us.     We 
agreed,  on  our  part,  to  accept  these  terms.     We  invested  our  fortunes  in  making 
the  canal  and  railroads ;  we  have  paid  semi-annually  the  consideration  stipu 
lated  for  seventeen  years;  we  recognise  the  State's  right  to  redeem  according  to 
the  agreement. 

Now  if  any  citizen  of  New  Jersey  will  stand  up  and  say  to  me,  I  repudiate 
this  contract;  the  Legislature  had  no  right  to  make  it;  I  will  not  abide  by  it ;  I  beg 
leave  to  ask  him,  W'ere  not  the  Legislatures  of  1830,  of  '32,  of '35,  and  '37,  your 
Representatives?  Did  you  not  elect  them?  Did  you  not  know  that  they  in 
your  name  made,  affirmed,  and  re-affirmed  these  contracts  with  me  and  my  asso 
ciate  stockholders?  Did  you  not  stand  by  and  see  me  invest  my  fortune  in 
these  works  upon  the  faith  of  these  agreements?  Did  you  give  me  notice  that 
you  would  not  abide  by  them  ?  Have  you  not,  through  your  agents,  received 
from  us  every  year  for  seventeen  years  the  consideration  we  agreed  to  pay  in 
conformity  with  the  stipulations  of  this  contract?  and  have  you  not,  through 
your  agents,  expended  this  money  in  the  erection  of  your  public  buildings  and 
in  the  support  of  your  State  government?  And  when  he  has  answered  these 
questions,  I  ask  him  by  what  code  of  morals  he  reconciles  his  conduct  with  his 
conscience. 

But  is  the  contract  legal  ? 

I  am  no  lawyer,  but  we  have  not  failed  to  inquire  of  those  who  are.  I  refer 
to  the  brief  extracts  which  follow,  taken  from  opinions  long  in  my  possession. 
Horace  Binney  and  the  late  Charles  Chauncey  say,  that  the  clause  granting 
protection  in  the  act  of  1832  is  substantially  a  promise  by  the  Legislature  that 
no  law  shall  be  passed  to  authorize  the  construction  of  a  railroad  contrary  to 
the  import  of  the  engagement,  is  free  from  doubt.  This  species  of  engagement 
is  not  without  precedent  in  the  legislation  both  of  the  United  States  and  the 
States. 

That  it  is  within  the  competency  of  the  States,  generally  seems  to  have  been 
the  opinion  from  the  time  of  the  Revolution.  Thinking,  as  we  do,  that  the 
Legislature  of  New  Jersey  may  lawfully  grant  an  exclusive  franchise  of  making 
a  railroad  for  the  transportation  of  passengers  and  merchandise  between  certain 
points, — that  they  have  done  so  for  a  valuable  consideration  by  the  supplemental 
charter  in  question,  and  that  the  law  by  which  they  have  done  it  is  in  the  na 
ture  of  a  contract  with  the  canal  and  railroad  companies, — we  are  of  opinion 


APPENDIX    E.  59 

that  a  repeal  of  that  law,  and  the  incorporation  of  another  <  ompany  to  compete 
in  business  with  these  companies,  would  be  a  violation  of  the  faith  of  the  State, 
and  of  the  Constitution  <f  the  United  States,  and  would  therefore  be  without 
legal  effect. 

George  Wood,  Ogden  Hoffman,  and  the  late  David  B.  Ogden  of  New  York, 
say,  we  are  satisfied  that  the  Legislature  of  New  Jersey  were  clothed  with  suffi 
cient  power  to  pass  such  an  act,  (1832,)  and  that  the  Legislature,  having  thereby 
entered  into  a  compact  with  the  companies  not  to  permit  the  construction  of 
another  railroad  within  the  prescribed  period  and  the  prescribed  local  limits,  it 
was  competent  for  them  to  do  so,  and  falls  within  the  scope  of  their  legitimate 
and  constitutional  power.  It  is  true  that  no  such  power  is  given  to  them  by 
the  Constitution  in  express  terms,  nor  was  it  necessary.  That  instrument  con 
tains  a  broad  grant  of  sovereign  power,  in  the  following  language : — 

"The  Government  of  this  Province  shall  be  vested  in  a  Governor,  Legislative 
Council,  and  General  Assembly."  This  general  grant  of  sovereign  power  un 
questionably  embraces  the  power  alluded  to.  The  late  Isaac  II.  Williamson 
and  Garret  D.  Wall  say,  "after  deliberate  consideration  of  the  act  of  the  Legisla 
ture  of  March  2,  1832,  they  are  clearly  of  opinion  that  the  act  is  constitutional 
and  a  valid  exercise  of  legislative  power,  and  that  the  Legislature  is  legally 
restrained  from  passing  any  laws  impairing  the  privileges  thereby  granted. 
The  prohibitory  clause  in  the  Constitution  of  the  United  States  extends  to  con 
tracts  with  a  State  as  a  party,  as  well  as  to  contracts  between  individuals;  and 
when  a  law  is  in  its  nature  a  contract,  a  repeal  of  this  law  cannot  divest  those 
rights,  and  a  party  to  a  contract  cannot  pronounce  its  own  deed  invalid,  although 
the  party  be  a  sovereign  State."  And  Chief-Justice  Marshall  says  "that  the 
principle  that  one  legislature  is  competent  to  repeal  any  act  which  a  former 
legislature  was  competent  to  pass,  and  that  one  legislature  cannot  abridge  the 
powers  of  a  succeeding  legislature,  is  correct  as  far  only  as  respects  general 
legislation;"  sand  Judge  Story  says: — "It  has  been  decided  upon  solemn  argument, 
in  the  Supreme  Court  of  the  United  States,  that  contracts  and  grants  made  by 
a  State  are  not  less  within  the  reach  of  this  prohibition  of  the  Constitution 
against  impairing  the  obligation  of  contracts,  than  contracts  and  grants  of 
private  persons."  The  late  Samuel  L.  Southard  says: — "I  have  examined  with 
proper  care  the  several  laws  of  New  Jersey  relating  to  the  Delaware  and 
Karitan  Canal  and  Camden  and  Amboy  Railroad  Companies,  and  am  of  opinion 
that  the  Legislature  had  the  clear  constitutional  power  to  pass  those  laws,  and 
that  they  are  obligatory  upon  the  people,  judicial  tribunals,  and  the  Legislature 
of  the  State.  These  laws,  and  the  proceedings  had  under  them,  create  a  valid 
contract,  founded  on  good  and  valuable  consideration,  which  the  Legislature  of 
the  State  had  a  right  to  make,  and  which  it  cannot  now  violate  without  a  dis 
regard  of  legal  obligations  and  good  faith,  and  a  forfeiture  on  its  part  of  the 
benefits  secured  by  the  contract  with  the  State."  These  opinions,  and  others  in 
my  possession,  fortified  by  numerous  legal  authorities,  can  leave  no  doubt  in  any 
candid  mind — if  indeed  such  a  mind  could  ever  upon  due  reflection  have  enter 
tained  a  doubt — as  to  the  validity  of  our  contract  with  the  State.  Among  them 
are  names  high  in  the  esteem  and  dear  to  the  memory  of  Jerseymen, — names 
that  adorn  the  annals  of  American  jurisprudence,  and  whose  opinions  are  of  the 
highest  authority. 

1  am  not  aware  that  those  who  have  sought  at  different  times  to  divest  us  of 
our  property  have  ever  been  able  to  produce  the  opinion  of  any  lawyer  of  esta 
blished  reputation  as  a  jurist,  favourable  to  their  views,  except  the  present 
Chief-Justice  Taney,  given  when  at  the  bar;  and  he  admits  that  this  is  a  con 
tract,  and,  if  the  Legislature  had  power  to  make  it,  it  is  binding.  He  admits 
•that  "there  would  appear  to  be  high  authority  for  regarding  this  power  as  an 
incident  to  the  power  of  legislation."  In  the  Act  of  Congress  incorporating  the 
Bank  of  the  United  States,  there  is,  he  says,  "an  agreement  on  the  part  of 
the  United  States  not  to  authorize  any  other  bank  out  of  the  District  of  Columbia 
during  the  existence  of  that  charter;  and  similar  pledges  may  be  found  in 
similar  cases  in  the  Legislatures  of  different  States,  where  the  Constitution  has 
not  conferred  on  the  Legislature  the  power  to  make  them." 


60  APPENDIX   E. 

.  This  is  his  own  language ;  and  yet,  without  citing  a  single  adjudicated  case  to 
support  him,  or  pretending  that  any  one  of  these  similar  contracts  made  either 
by  Congress  or  any  of  the  various  States  have  in  a  single  instance  been  ever 
doubted,  he  ventures  his  naked  opinion  that  as  the  Constitution  of  New  Jersey 
did  not  expressly,  in  very  terms,  authorize  the  Legislature  to  make  such  a  con 
tract,  it  could  not  do  it. 

With  unfeigned  respect  for  Mr.  Taney,  if  I  understand  his  argument,  it 
answers  itself.  He  says,  "It  is  now  too  well  settled  to  be  disputed  that  a  charter 
granted  by  a  State  to  a  Company  incorporated  to  make  a  road  or  canal,  where 
the  funds  for  the  wrork  are  provided  by  individuals,  is  a  contract  on  the  part  of 
the  State;  and  the  public  cannot  by  subsequent  legislation,  without  the  consent 
of  the  corporation,  alter  the  terms  of  the  charter."  He  says,  further,  "  that  the 
power  claimed  by  the  Legislature  in  this  instance  is  that  of  restricting  the  power 
of  succeeding  Legislatures  in  the  exercise  of  certain  legislative  functions,  and 
they  have  by  a  contract  with  individual  corporations  engaged  that  the  Represen 
tatives  of  the  people  of  New  Jersey  shall  not  for  a  specified  time  exercise  the 
power  of  incorporating  a  Company  for  the  purpose  of  making  a  railroad  in  a 
certain  part  of  the  State."  Then  he  adds,  "The  question  is,  Have  the  people 
of  New  Jersey  delegated  to  the  legislative  body  the  power  of  making  such  a 
contract?  There  is  no  clause  in  the  Constitution  of  New  Jersey  which  gives 
this  power  specifically ;"  therefore,  he  concludes  that  the  Legislature  had  not 
the  power. 

Now,  this  is  the  argument: — the  grant  by  the  Legislature  of  a  charter  is  a  con 
tract  which  a  subsequent  Legislature  cannot  repeal.  But  this  contract  limits  the 
power  of  a  succeeding  Legislature,  and  therefore  is  not  binding.  The  answer  is, 
The  first  case  is  as  much  a  limitation  of  the  power  of  the  Legislature  as  the 
second ;  he  admits  one  is  a  good  contract,  and  thinks  the  other  bad.  If  both 
are  contracts,  if  both  limit  the  power  of  succeeding  Legislatures,  if  no  power  to 
make  either  one  or  the  other  is  specifically  given  in  the  Constitution,  as  is 
admitted,  it  seems  clearly  a  non  sequitur  to  say  that  the  law  is  invalid  for  a 
reason  that  applies  equally  to  the  first,  which  is  admitted  to  be  valid.  In  fewer 
words,  he  admits  that  the  Legislature  have  power  to  make  a  contract. 

2d.  That  a  contract  made  between  the  Legislature  and  a  corporation  is  irre- 
pealable. 

3d.  That  the  protection  clause  in  the  act  of  March,  1832,  is  a  contract  between 
the  Legislature  and  the  companies,  but,  because  the  Constitution  gives  no  specific 
power  to  make  such  a  contract,  they  have  no  power  to  make  it. 

The  idea  that  one  Legislature  has  as  much  power  as  another  seems  to  be  as 
potent  a  knot-cutter,  in  the  opinion  of  some  men,  as  the  sword  of  Alexander. 
Nobody  denies  the  proposition.  What  I  maintain  is  that  no  Legislature  in  New 
Jersey  ever  had  the  power  to  repudiate  a  contract  without  compensation  to  the 
parties  injured. 

I  have  as  much  power  to-day  as  I  had  yesterday.  The  joint  companies  have 
as  much  power  to-day  as  they  had  in  1832.  The  Legislature  of  1850  will  have 
as  much  power  as  any  Legislature  which  preceded  it.  But  that  power  will  not 
enable  me  to-day  with  impunity  to  repudiate  a  contract  I  made  yesterday,  nor 
the  companies,  nor  the  Legislature,  to  repudiate  theirs.  The  Constitution  of  the 
United  States  says  to  the  States,  as  the  law  says  to  me,  and  as  authoritatively, 
You  shall  not  impair,  much  less  destroy,  the  obligation  of  contracts. 

Upon  the  whole,  I  think  Mr.  Taney's  opinion  is  more  in  our  favour  than 
against  us.  Be  that  as  it  may,  I  am  quite  ready  to  appeal  from  Mr.  Taney  the 
Advocate  to  Mr.  Taney  the  Chief-Justice  of  the  United  States.  Mr.  Taney  the 
Advocate,  interested  and  excited,  is  not  Mr.  Taney  the  Chief-Justice,  mild, 
amiable,  and  philosophical. 

I  have  read  the  address  and  resolutions  which  the  assembly  calling  themselves 
an  anti-monopoly  convention  recently  adopted  at  Trenton.  If  I  understand 
these  papers,  they  put  their  whole  case  within  a  very  small  compass  ;  the 
address  says,  "We  are  as  jealous  of  the  honour  of  the  State  as  any  one;  we 
would  resist  every  attempt  to  violate  its  plighted  faith ;  whatever  contract  the 
State  may  have  with  the  companies,  we  wish  to  see  executed  to  the  very  letter." 


APPENDIX    E.  61 

Very  well:  be  it  so.  But  the  address  proceeds : — "  The  act  of  1830  and  the  supple 
ment  of  1831  contain  contracts.  But  the  supplement  of  1832,  which  create*  the 
monopoly  power,  does  not.  It  is  a  mere  law  enacted  by  one  Legislature  and  of 
course  repealable  by  any  Legislature."  The  whole  case  then  is  put  upon  the 
solution: — Does  the  act  of  1832  contain  a  contract?  What  difference  in  princi 
ple  is  there  to  be  found  between  the  supplements  of  1831  and  1832?  In  both 
supplements  a  valuable  franchise  is  granted  by  one  party  and  a  valuable  con 
sideration  paid  for  it  by  the  other;  if  one  is  a  contract,  the  other  must  neces 
sarily  be  so  ;  there  is  no  difference  in  the  principle. 

Let  us  see  how  it  is.  Section  1  of  the  act  of  1832  stipulates  for  the  com 
panies  that  they  shall  transfer  one  thousand  shares  of  their  stock  (one  hundred 
thousand  dollars)  to  this  State,  with  all  the  instalments  paid  in  full.  Section  2 
stipulates  for  the  State  that  it  shall  not  be  lawful  at  any  time  during  the  rail 
road  charter  to  construct  any  other  railroad  or  roads  to  compete  with  the  com 
pany  in  transportation  between  New  York  and  Philadelphia.  Section  3  stipu 
lates  for  the  companies  that  they  shall  guarantee  thirty  thousand  dollars  a 
year  to  the  State  from  the  dividends  on  their  shares  and  the  transit-duties  re 
quired  by  the  act  of  1830.  Section  7  requires  the  assent  of  the  companies  to 
the  stipulations  of  this  act;  and  that  assent  is  executed  in  due  form  of  law  and  filed. 

The  stock  was  transferred  in  1832,  the  thirty  thousand  dollars  guaranteed, 
met  and  paid  annually,  and  for  seventeen  years  both  parties  have  treated  it  as 
a  contract.  If  it  is  not  a  contract,  the  original  charter  is  not  a  contract.  It  is 
a  part  of  the  charter ;  it  is  another  feature  added  with  the  consent  of  the  com 
panies  to  the  charter.  If  any  part  of  the  charter  be  violated,  the  whole  is  vio 
lated:  the  charter  and  the  supplements  are  one  and  inseparable.  If  it  is  not  a 
contract,  I  should  like  to  know  what  it  is.  And  this  is  all  I  have  to  say  about 
the  legal  doctrines  of  their  address. 

A  word  as  to  the  wishes  of  those  who  thus  come  before  the  public.  They  say 
in  their  address,  "We  wish  to  have/m?  roads,  free  ferries,  free  ingress  and  egress 
and/ree  transit  in,  out,  and  over  the  State.  We  wish  to  be  equally  free  from 
the  tyranny  of  railroad  kings,  ferry  kings,  and  turnpike  kings;  this  is  what  we 
aim  at,  and  what  we  call  upon  the  people  of  the  State  to  unite  in  achieving." 
And  the  preamble  to  their  resolutions,  setting  forth  the  rights  and  wrongs 
asserted  and  complained  of,  enumerates  among  those  rights  the  making  of 
roads  where  they  please  and  over  anybody's  land  they  please ;  among  their 
wrongs,  "that  sundry  persons,  on  pretence  of  grants  alleged  to  have  been 
obtained  at  remote  periods,  have  obtained  control  of  exclusive  bodies  of  land, 
embracing  landing-places,  and  ferries,  and  all  the  places  at  which  such  ferries 
could  be  established."  A  great  deal  has  been  said  in  like  phrases,  by  similar 
rhetoricians,  about  the  somewhat  extensive  monopolies  of  property  of  other 
descriptions,  particularly  of  a  class  of  lords  familiarly  known  in  this  State  as 
landlords.  But  it  seems  that  turnpikes,  ferries,  and  railroads,  possess  the  ex 
clusive  power  of  constituting  kings  ;  though,  for  myself,  I  never  could  perceive 
how  the  possession  of  a  certificate  of  road  or  ferry  stock  made  a  man  a  king. 

But  is  this  doctrine  of  free  rights  any  thing  more  or  less  than  the  specious 
idea  of  socialism  rife  in  our  day?  Is  it  not  of  the  same  species  as  the  cant 
about  free  farms,  free  houses,  free  corn-cribs,  and  free  pockets?  All  property  is 
held  by  contract.  Every  farmer  has  a  monopoly  in  his  farm,  if  the  "  exclusive 
right"  to  it  is  a  monopoly ;  and  it  may  be  well  for  the  citizens  to  consider  whether 
the  doctrine  of  treating  contracts  as  things,  in  derogation  of  popular  rights, 
will  stop  with  the  crusade  against  railroad,  ferry,  and  turnpike  contracts.  It 
will  be  well  for  them  to  remember  that  it  is  as  easy  to  put  a  firebrand  to  a 
dwelling-house  or  a  barn  as  it  is  to  put  a  pickaxe  to  a  railroad. 

These  reformers  in  substance  say,  Let  the  Legislature  pass  an  act  declaring 
the  contract  by  which  these  stockholders  hold  a  portion  of  their  property,  in 
valid,  and  we  will  take  the  risk  of  getting  our  share  of  railroad  property ;  and 
may  they  not,  if  they  succeed,  say  next,  Let  the  Legislature  pass  a  law  declaring 
all  title-deeds  invalid,  and  we  will  take  the  risk  of  taking  our  share  of  the  land? 
The  complaint  against  the  large  land  proprietors,  bodied  forth  in  the  preamble 
to  the  resolutions,  foreshadows  this  idea  already.  I  trust,  therefore,  my  fellow- 


62  APPENDIX   E. 

citizens,  who  are  invited  to  join  in  the  business  of  achieving  the  enterprise  of 
making  common  stock  of  my  property,  will  pause,  and  consider  whether  they 
have  not  some  exclusive  privileges  in  houses  or  farms  or  factories,  in  banks  or 
mills,  in  bridges  or  shops  or  fisheries  that  may  by-and-by  be  sought  after,  as 
equally  convenient  and  proper  articles  to  be  turned  in  as  common  stock  in 
order  that  the  area  of  freedom  may  be  still  farther  enlarged.  They  want  free 
roads.  But  it  costs  money  to  make  roads,  particularly  railroads  and  turnpikes. 
Money  is  property,  and  when  invested  in  roads  by  private  individuals,  roads 
become  property,  and,  unless  a  mode  be  discovered  of  making  roads  without 
money,  the  vast  multiplication  proposed  would  probably  result  in  the  multipli 
cation  to  an  indefinite  extent  of  the  odious  article  of  railroad  kings,  turnpike 
kings,  and  ferry  kings ;  and  indeed  their  publications  intimate  that  they  pro 
pose  to  go  largely  into  the  business  themselves. 

But  a  few  words  more.  Constitutions  are  the  contracts  mutually  agreed  upon 
by  associations  or  masses,  defining  individual  rights  and  guaranteeing  their 
protection  in  the  name  of  the  whole. 

The  men  of  the  Revolution  who  framed  the  Constitution  of  this  republic  are 
in  their  graves.  But  their  work  still  lives.  "  May  it  be  perpetual !"  The  life- 
blood  of  our  Revolutionary  fathers  secured  it.  The  life-blood  of  their  sons  will 
be  shed  freely  in  its  defence.  "No  State  shall  pass  any  law  impairing  the  obli 
gation  of  contracts,"  is  its  language;  and  I  doubt  not,  whatever  demagogues  and 
pretended  reformers  of  our  institutions  may  say,  there  are  few  true  Jerseymen 
who  will  not  respond  with  a  hearty  Amen! 

I  make  this  appeal  to  you,  fellow-citizens,  in  behalf  of  a  principle  affecting 
the  security  of  my  property  and  yours.  I  make  it  to  you  because  your  power 
is  invoked  to  aid  in  the  repudiation  of  a  contract  to  which  this  state  is  a  party. 
I  make  it  to  you  as  honest  men,  intelligent,  law-abiding,  conservative  men,  and 
feel  confident  that  you  will  not  be  found  willing  to  do  an  act  as  citizens  which 
you  would  scorn  to  do  as  men. 

It  has  been  and  shall  be  my  constant  aim  and  desire,  as  a  stockholder  and 
officer  of  the  joint  companies,  to  do  whatever  I  can  to  meet  the  public  wants 
and  conform  to  the  wishes  of  my  fellow-citizens.  This  sentiment  pervades  the 
companies.  We  have  removed  all  reasonable  causes  of  complaint,  as  fast  as 
we  have,  on  examination,  been  satisfied  it  was  practicable  to  do  so.  The  fares 
and  freights  have  both  been  put  down  to  a  point,  as  far  as  I  can  learn,  satisfac 
tory  to  the  great  mass  of  the  people. 

It  is  our  intent  and  desire  to  accommodate  the  people  to  the  best  of  our  ability. 
And  we  shall  not  fail  to  do  so.  We  have  invested,  and  have  induced  others  to 
invest,  millions  of  dollars  in  Jersey  property,  in  canals  and  railroads,  works  of 
public  improvement  and  universal  benefit,  long  desired  and  clamoured  after,  but 
never  ventured  on  till  we  took  the  hazard  of  their  construction  on  the  faith  of 
a  clear  and  explicit  agreement  with  the  State. 

Our  improvements  have  added  millions  to  the  value  of  property  in  New 
Jersey.  They  have  made  the  treasury  rich  and  erected  public  works  of  neces 
sity  and  charity.  They  have  relieved  the  people  from  the  burden  of  a  State  tax. 
They  have  afforded  facilities  for  travel  and  transportation  equal  to  those  pos 
sessed  anywhere  on  the  continent.  A  few  years  only  remain,  and  then  the 
State  has  the  right  to  take  them. 

We  encountered  the  risk  and  the  labour.  The  State  risked  nothing,  and  reaps 
a  large  share  of  the  profits,  with  a  reversion  of  the  whole.  These  great  works 
completed  rest  in  the  bosom  of  New  Jersey,  and  there  they  will  remain  forever. 
They  have  a  place  in  the  history  of  the  past,  and  they  will  have  a  place  in  the 
history  of  the  future.  If  that  future  history  shall  point  to  them  as  memorials 
of  the  broken  faith  and  violated  contracts  of  New  Jersey,  it  shall  record  on  the 
same  page  that  so  foul  a  stain  upon  her  escutcheon  was  not  impressed  without 
resistance  from  her  sons. 


Fellow-citizens — I  submit  this  last  appeal  to  your  patriotism  and  to  your 
honour  with  undoubted  confidence — with  these  two  remarks : — 


APPENDIX   E.  63 

1.  It  is  clearly  shown  that  the  right  of  way  across  this  State  has  been  leased 
to  the  joint  companies  under  a  contract  which  cannot  with  honour  or  safety  be 
destroyed  without  the  consent  of  both  the  contracting  parties. 

2.  The  joint  companies  are  satisfied  with  the  contract,  but  they  are  willing 
to  yield  any  thing  and  every  thing  to  ths  public  which  can  be  demanded  by 
justice  or  accepted  with  honour. 

If  therefore  the  people  of  New  Jersey  are  of  opinion  that  the  experiment  has 
been  sufficiently  tried,  and  are  desirous  to  take  immediate  possession  of  all  the 
railroads  of  the  companies,  I  think  (though  I  speak  for  myself  alone)  that  an 
arrangement  can  be  made  by  which  the  State  may  be  enabled  to  do  so,  and  to 
pay  for  them,  within  fifteen  years,  without  the  hazard  of  a  dollar,  and  without 
any  sacrifice  of  her  own  unsullied  honour,  or  the  property  of  individuals  who 
have  confidingly  pledged  their  all  on  the  integrity  of  their  fellow-citizens. 

R.  F.  STOCKTON. 

September  24th,  1849. 


From  the  National  Intelligencer  of  September  6,  1824. 

WE  avail  ourselves  of  the  first  spare  room  to  render  justice  to  Lieutenant 
R.  F.  Stockton,  who  presided  at  a  meeting  at  Princeton,  July  14,  1824,  at  which 
an  auxiliary  colonization  society  was  formed,  selecting  from  the  account  of  the 
meeting  the  Address  which  he  delivered  on  that  occasion.  On  motion  made  and 
seconded,  Robert  Field  Stockton,  Esq.,  of  the  United  States  Navy,  was  requested 
to  take  the  chair ;  and,  on  taking  the  chair,  opened  the  meeting  with  the  fol 
lowing  Address : — 

The  promptness  with  which  I  accept  this  high  honour  which  you,  my  fellow- 
citizens,  have  conferred  upon  me,  arises  not  from  any  presumption  of  my  own 
worthiness,  but  from  an  unwillingness  to  slight,  in  the  least  degree,  the  smallest 
mark  of  your  esteem.  The  usual  embarrassments  which  are  experienced  upon 
the  first  occasion  of  a  young  man's  addressing  a  public  assembly  are  much 
increased  by  the  peculiar  circumstances  under  which  I  am  called  upon  to  fulfil 
the  duties  of  your  chairman ;  and,  perceiving  among  this  audience  some  of  the 
most  learned  and  distinguished  men,  before  whose  age  and  experience  it  would 
better  become  me  to  be  silent,  I  confess  my  confidence  has  almost  forsaken  me; 
and  my  mind  would  surely  sink  under  the  weight  of  this  exertion,  did  I  not 
know  that  all  the  deficiencies  of  the  person  addressing  you  will  readily  be  made 
up  by  the  intelligence  and  sagacity  of  those  who  hear  him. 

In  conformity  with  the  common  practice  upon  such  occasions,  I  beg  your  in 
dulgence  while  I  shall  endeavour,  in  the  briefest  manner,  to  give  an  outline  of 
the  design,  commencement,  and  progress  of  the  AMERICAN  SOCIETY  FOR  COLO 
NIZING  THE  FREE  PEOPLE  OF  COLOUR  OF  THE  UNITED  STATES,  and  in  aid  of 
which  this  public  meeting  has  been  called,  leaving  it  to  be  filled  up  by  gentle 
men  who  are  much  more  competent,  and  no  doubt  prepared,  to  give  this  matter 
a  thorough  investigation. 

Slavery,  with  all  its  unprecedented  atrocities,  had,  for  many  years,  been  the 
constant  theme  of  reflection  and  discussion  among  the  philanthropists  of  the 
world;  and  in  no  country  were  their  exertions  to  put  an  end  to  that  traffic  and 
to  make  amends  for  the  mistaken  policy  and  cruel  inhumanity  of  our  pro 
genitors  more  zealous  and  sincere  than  in  this  our  own.  Various  had  been  the 
suggestions  and  plans  of  the  friends  of  justice  and  humanity,  to  put  a  stop  to 
that  trade,  and  for  the  gradual  abolition  of  slavery  throughout  the  country. 
But  no  man  was  found  sufficiently  bold  and  able  to  lay  before  the  public 
a  well-digested  plan,  obviating  the  objections  which  had  always  been  raised 
against  this  effort  of  benevolence,  (the  greatest  of  which  was  the  letting 
loose  upon  the  community  of  the  United  States  such  a  body  of  men  who  had  no 
important  interest  at  stake,  nor  any  common  concern  in  the  permanency  of  our 
institutions.)  until  the  Rev.  Mr.  Finley,  of  this  State,  with  the  assistance  of 
others,  made  known  the  present  scheme  of  the  American  Colonization  Society 

18 


64  APPENDIX    E. 

The  remembrance  of  Mr.  Finley's  exalted  virtues  and  steady  perseverance  in 
the  paths  of  rectitude  and  honour  and  humanity  swell  my  bosom  with  emo 
tions  not  easily  to  be  checked;  for  to  none  were  they  better  known  than  to  my 
self,  having  been  one  of  his  pupils  ;  and  may  I  be  permitted  on  this  occasion  to 
offer  my  humble,  but  sincere,  tribute  of  respect  to  the  memory  of  one  so  great 
and  so  good?  His  object  was  national  as  well  as  humane  and  religious.  The 
nation  ought,  and  I  have  no  doubt  will,  honour  him.  If  those,  then,  who 
are  connected  with  him  by  no  other  tie  than  that  of  national  pride,  will  re 
spect  and  cherish  his  memory,  where  would  you  draw  the  limits  to  that  ardent 
and  enthusiastic  regard  which  every  friend  may  be  allowed  to  entertain  for  his 
character  ?  I  have  said  he  was  a  good  man  ;  and,  as  it  is  the  highest  eulogium 
that  can  be  bestowed  upon  any  one,  I  will  leave  this  subject,  pleasing  as  it  is, 
for  the  purpose  of  performing  my  duty  and  relieving  you,  as  soon  as  possible, 
from  the  fatigue  of  hearing  me,  and  be  myself  relieved  from  that  perturbation 
of  mind  which  arises  from  the  novelty  of  my  situation. 

It  has  been  stated  that  the  objects  of  the  authors  of  that  institution  were 
national  and  religious  ;  but,  perhaps,  it  will  not  be  amiss  to  be  a  little  more 
particular  and  minute,  as  there  appears  to  be  some  misunderstanding  of  that 
particular. 

Their  first  and  great  object  was  a  gradual  abolition  of  slavery.  They  perceived 
the  dangers  that  would  result  from  the  liberation  of  slaves  in  any  number  until 
some  suitable  place  beyond  the  limits  of  the  United  States  had  been  prepared 
for  their  reception,  and,  therefore,  proposed  the  plan  which  is  now  in  successful 
operation. 

A  second  motive  was  to  reclaim  the  inhabitants  of  Africa  from  savageness 
and  brutality.  That  vast  continent  is  said  to  contain  fifty  millions  of  inhabit 
ants,  whose  pleasures  are  sloth  and  idleness ;  their  employment,  rapine  and 
murder;  their  knowledge,  treachery;  their  government,  force,  cruelty,  and  op 
pression  ;  their  religion,  a  blind  devotion  to  the  most  profane  and  bloody  super 
stitions  ;  and,  in  truth,  the  whole  of  that  immense  population  vitiated  and  de 
based  by  the  most  profound  ignorance  and  unrestrained  barbarism.  To  civilize 
this  degenerate  people,  to  change  their  ignorance  into  knowledge,  their  horrible 
superstition  into  a  right  understanding  of  the  Christian  religion,  their  treachery 
into  good  faith,  and  their  slothfulness  into  industry,  are  among  the  results 
contemplated  by  the  proposed  plan  of  the  AMERICAN  COLONIZATION  SOCIETY. 

A  third  motive,  that  was  strong  in  its  operation  upon  the  mind  of  Mr.  Finley 
and  his  coadjutors,  was  the  suppression  of  the  slave-trade.  I  need  not  detain 
you  by  any  comment  upon  the  wickedness  and  barbarity  of  that  trade  ;  it  has 
been  so  often  the  theme  of  just  reproach  and  severe  invective,  and  all  Christen 
dom  seems  to  have  settled  down  upon  the  principle  that  such  traffickers  are 
"  hostes  hitmani  generis."  But,  as  the  first  founders  of  that  institution  have  so 
often  been  accused  of  extravagant  and  visionary  expectations,  it  may  not  be 
unbecoming  in  me  to  state  how  it  was  expected  that  the  establishment  of  a 
colony  on  the  coast  of  Africa  would  operate  upon  that  trade. 

All  the  inhabitants  of  that  region,  south  of  the  Great  Desert,  have  been  for 
ages  constantly  supplied  with  rum,  tobacco,  pipes,  &c.  &c.  through  the  instru 
mentality  of  the  slave-traders;  and,  having  been  led  to  believe  that  their  supply 
of  those  articles  depended  entirely  upon  the  prosecution  and  prosperity  of  that 
trade,  they  are  continually  engaged  in  wars  for  the  purpose  of  its  continuation. 
They  have  been  led  from  the  cultivation  of  their  rich  and  luxuriant  soil,  and 
even  from  the  chase,  the  legitimate  pursuit  and  manly  employment  of  savage 
life,  to  the  unnatural  practice  of  speculating  in  human  blood  !  No  rational 
mind  can  believe  that  the  feelings  of  relation,  and  friend,  and  tribe,  and  coun 
tryman,  could  have  been  originally  denied  to  this  people  ;  but  rather  that  it  had 
been  paralyzed  by  the  prospect  of  gain,  the  removal  of  which  powerful  principle 
would  restore  to  the  African,  in  full  force,  his  natural  regards  and  friendships. 
It  was,  therefore,  believed  that  the  establishment  of  a  colony  in  the  heart  of 
the  slave-trade  would  lead  them  to  the  cultivation  of  their  land  and  the  ardour 
of  the  chase  as  a  more  quiet  and  easy  mode  of  obtaining  those  articles  of  Eu 
ropean  luxury  which  have  become  almost  necessary  to  their  existence. 


APPENDIX    E.  65 

Such  were  the  views  and  intentions  upon  which  the  American  Society  for 
Colonizing  the  Free  People  of  Colour  in  the  United  States  was  instituted.  This 
scheme  had  no  sooner  been  promulgated  than  an  attack  Avas  made  upon  the 
purity  of  its  principles.  It  was  thought  by  the  inhabitants  of  the  Southern 
section  of  the  country  to  be  a  plan  generated  in  the  North  to  operate  against 
the  institutions  of  the  South ;  and  in  the  North  it  was  thought  to  be  a  Southern 
project  to  get  rid  of  the  free  blacks  only  that  they  might  tighten  the  chains 
of  slavery.  Steady  perseverance,  however,  overcame  misrepresentation  and 
calumny,  and  they  both  yielded  to  the  irresistible  force  of  truth  and  humanity. 
A  ci'y  of  visionary  enthusiasm  was,  however,  still  heard.  The  constant  excla 
mation  was,  "  Show  us  that  your  plans  are  feasible  ;  convince  us  that  the  thing 
can  be  done." 

The  managers  went  to  the  experiment  elated  with  hope  and  joy,  and,  after 
great  exertion,  fitted  out  an  expedition  to  the  island  of  Sherbro.  Intelligence 
from  that  expedition  of  a  most  disastrous  nature  soon  reached  the  United 
States.  It  wrung  the  hearts  of  every  friend  of  the  society  and  checked,  for  a 
time,  (until  the  true  cause  of  that  melancholy  misfortune  could  be  clearly  under 
stood,)  the  exertions  of  the  managers. 

Although  it  was  necessary  at  that  time  that  the  cause  should  be  explained,  it 
is  not  so  now  in  the  present  advanced  state  of  the  society's  affairs ;  for  the  pes 
tilence  of  the  island  of  Sherbro,  or  the  treachery  and  infamy  of  Kezzell,  has  no 
more  to  do  with  the  climate  of  Montserrado,  or  the  character  of  its  inhabitants, 
than  a  Southern  fever  can  affect  the  State  of  New  Jersey.  I  will  not,  therefore, 
dwell  upon  that  lamentation  and  grief  longer  than  to  pay  a  proper  tribute  of 
respect  to  the  memory  of  Mills  and  of  Bacon,  and  the  others  who  fell  in  the 
exercise  of  the  most  magnanimous  and  disinterested  humanity.  Their  bodies 
are  on  the  coast,  but  their  memories  are  embalmed  in  the  hearts  of  their  coun 
trymen.  May  their  names  and  their  exertions  be  perpetuated! — the  one  for 
praise  and  the  other  for  imitation. 

On  the  first  intelligence  of  this  disaster,  the  whole  plan  was  denounced  as 
impracticable ;  and,  without  looking  into  the  causes  of  that  melancholy  fatality, 
the  opponents  of  the  institution  would  persuade  that  the  Almighty  had  placed 
impassable  barriers  to  the  civilization  of  Africa,  and  that,  therefore,  the  scheme 
of  the  Colonization  Society  must  fail.  But  whence  came  this  important  con 
clusion  ? — this  would-be  prophecy  ? — this  knowledge  of  the  future  ?  Was  it  the 
result  of  careful  examination  and  the  deduction  of  sound  philosophy  ?  or  did 
the  great  Jehovah  let  them  into  the  secrets  of  his  unfathomable  designs  ?  or 
was  it  written  in  the  sunbeams  of  heaven? 

No  ;  they  would  not  undergo  the  labour  of  inquiry  and  rational  investigation  ; 
they  were  unworthy  of  inspiration  ;  nor  had  they  any  knowledge  of  the  future ; 
but  it  was  the  force  of  inveterate  prejudice,  the  violent  effusions  of  hasty  thought. 

In  this  distress,  the  first  attention  of  the  society  was  directed  to  a  complete 
and  impartial  investigation  of  the  causes  which  produced  it.  Their  misfortune 
was  traced  to  the  deceit  of  persons  in  whom  they  had  a  right  to  confide  and  to 
the  unfortunate  location  of  the  first  settlement.  They  arose  from  this  painful 
inquiry  with  minds  harassed  with  grief;  but,  fortified  with  confidence  and 
relying  upon  that  Almighty  Power  who  said,  "  Let  there  be  light,  and  there 
was  light,"  they  made  another  appeal  to  their  friends  and  the  public,  and  Avere 
enabled,  in  the  course  of  a  year,  to  obtain  an  agent  of  great  enterprise  and 
merit,  who  was  directed,  with  a  public  vessel  to  assist  him,  to  make  a  careful 
examination  of  the  whole  coast  of  Africa,  to  ascertain  if  there  was  not  some 
part  thereof  which,  from  the  salubrity  of  the  climate  and  the  fertility  of  its  soil, 
would  afford  a  well-grounded  hope  of  future  prosperity.  The  success  which 
rewarded  the  courageous  enterprise  and  the  disinterested  sacrifices  of  Dr.  Ayres 
is  known  to  the  public,  and,  as  the  particulars  can  be  found  in  the  reports  of 
the  society,  I  will  not  detain  you  with  a  relation  of  the  difficulties  and  priva 
tions  endured  by  him,  but  be  satisfied  with  stating  that,  overcoming  all  difficul 
ties  pronounced  to  be  insurmountable,  he  succeeded  in  establishing  a  colony  at 
Cape  Montserrado,  which  is  called  Liberia,  and  which  is  now  flourishing  and 
happy,  and  is  a  clear  demonstration  of  the  feasibility  of  the  plan  of  the  Colo- 


66  APPENDIX   E. 

nization  Society,  and  a  practical  answer  to  the  common  exclamation,  "  Convince 
us  that  the  thing  can  be  done." 

The  successful  establishment  of  the  colony  at  Liberia  has  silenced  all  doubts 
in  respect  to  the  practicability  of  the  colonizing  system,  and  the  improbability 
of  its  future  success  is  now  the  principal  ground  of  objection.  These  doubts 
are  founded  chiefly  upon  the  insalubrity  of  the  climate,  the  barrenness  of  the 
soil,  the  obstacles  to  its  cultivation,  the  want  of  capacity  in  the  negro,  and, 
lastly,  the  great  expense  attending  their  transportation  thither. 

There  is  not  a  greater  misapprehension  in  relation  to  this  whole  matter  than 
that  which  has  arisen  from  the  want  of  proper  information  in  regard  to  the  climate 
of  that  part  of  the  coast  of  Africa.  It  is  unnecessary  to  enter  into  any  specula 
tion  upon  that  subject.  It  is  now  placed  beyond  reasonable  doubt  by  this  most 
convincing  evidence  that  the  colony  of  Liberia  has  been  settled  for  three  years, 
during  which  time  twenty-five  deaths  only  have  occurred, — fourteen  by  fever, 
five  killed  in  battle,  one  by  falling  from  a  tree,  two  drowned,  and  the  rest 
casualties.  The  greatest  obstinacy  cannot  ask  more  incontrovertible  proof  on 
this  point. 

The  soil  of  that  part  of  the  coast  of  Africa  is  exceedingly  fertile.  It  is  capa 
ble  of  producing  rice,  cotton,  sugar,  and  indigo;  and  gold-dust,  hides,  gums,  and 
camphor,  can  be  procured  in  great  abundance.  The  facilities  which  are  offered 
for  cultivating  the  soil  at  Liberia  are,  at  this  time,  very  great.  For  a  few  years 
past,  the  slave-trade  (through  which  channel,  as  I  before  mentioned,  the  natives 
have  been  in  the  habit  of  receiving  their  supplies  of  rum,  tobacco,  &c.  &c.)  has 
been  much  interrupted,  and  in  some  places,  on  that  part  of  the  coast,  entirely 
stopped;  for  instance,  at  Liberia  and  its  neighbourhood,  once  a  great  mart  for 
that  trade.  This  has  rendered  their  supplies  precarious,  the  pressure  of  which 
uncertainty  is  felt  by  all,  and  they  are  desirous  for  some  more  regular  and  certain 
means  of  procuring  those  necessaries,  and  are  ready  and  willing  to  engage  in 
any  employment  offered  to  them  by  which  they  may  be  obtained.  There  are 
thousands  of  people  there  whose  energies  may  be  directed  in  any  course,  either 
for  good  or  evil.  Enhance  the  value  of  slaves  by  a  brisk  demand,  and  you  will 
produce  war,  rapine,  and  murder.  Create  a  demand  for  what  their  soil  can 
produce,  and  they  will  use  the  hoe.  Give  them  a  pound  of  tobacco,  a  yard  of 
muslin,  a  string  of  beads,  a  pair  of  shoes  or  a  hat,  in  exchange,  and  you  will 
get  the  valuable  productions  of  their  rich  and  fertile  soil. 

As  to  the  intellectual  qualifications  of  the  negro,  it  is  unfair  to  judge  him,  in 
that  respect,  as  he  is  seen  here  in  a  state  of  servitude.  At  the  English  settle 
ments  upon  the  coast  of  Africa,  natives  have  been  taught  all  the  mechanic  arts. 
In  Regent's  Town,  young  natives  are  making  rapid  progress  in  the  Latin  and 
Greek  languages,  who,  six  years  ago,  were  wild  and  ignorant.  It  is  found  they 
acquire  a  knowledge  of  the  arts  and  sciences  with  as  much  facility  as  any  other 
people,  and  it  is  only  here,  in  their  state  of  degradation,  that  such  a  question 
has  been  agitated. 

With  regard  to  the  expense  of  transportation,  it  is  by  no  means  so  great  as 
has  been  represented.  I  have  the  authority  of  Dr.  Ayres,  of  whom  I  have  be 
fore  spoken,  for  stating  that  the  last  company  of  one  hundred  and  five  persons 
were  taken  out  for  $26  each;  and,  when  the  prosperity  of  the  colony  shall 
enable  them  to  furnish  a  return  cargo,  it  will  unquestionably  reduce  the  average 
price  to  a  much  lower  rate,  and,  in  fact,  a  great  many  will  be  able  to  work 
their  own  passages  as  soon  as  a  brisk  trade  shall  be  opened  with  the  colony. 

In  this  manner  of  viewing  the  affairs  of  the  American  Society  for  Colonizing 
the  Free  People  of  Colour  of  the  United  States,  I  think  you  will  yield  your 
hearty  assent  to  the  purity  and  philanthropy  of  its  principles ;  for  you,  no 
doubt,  desire  the  abolition  of  slaveiy  and  are  anxious  for  the  civilization  of 
Africa,  and  cannot  but  rejoice  in  the  destruction  of  the  slave-trade.  I  think, 
also,  that  you  must  be  satisfied  that  the  climate  is  sufficiently  salubrious  for  our 
black  population  ;  that  the  soil  is  good  ;  that  the  facilities  for  cultivation  and 
improvement  are  great ;  that  the  intellect  of  the  negro,  in  a  state  of  natural 
freedom,  is  strong  enough ;  that  the  expense  of  transportation  is  not  much ; 
and,  finally,  that  the  plan  of  the  American  Society  for  Colonizing  the  Free  Peo- 


APPENDIX    E.  67 

pie  of  Colour  of  the  United  States  is  not  only  practicable,  but  there  is  great 
probability  that,  with  moderate  assistance  from  the  nation,  it  will  succeed  to  the 
utmost  expectations  of  its  first  friends. 

To  appeal  to  your  feelings  upon  an  occasion  like  the  present,  and  to  offer  in 
ducements  to  a  popular  assembly  to  aid  in  so  good  a  work,  presents  a  fine  field 
for  declamation.  But  I  believe  there  is  too  much  intelligence  in  this  meeting 
to  bear  with  such  presumption  from  me,  and  that  all  you  require  is  a  fair  un 
derstanding  of  the  subject  to  induce  you  to  advocate,  with  zeal  and  alacrity,  the 
views  of  the  parent  institution  and  to  form  a  society  auxiliary  thereto. 


Speech  at  Washington,  1825. 

IN  the  African  Repository  of  March,  1825,  appears  a  report  of  the  annual 
meeting  of  the  Colonization  Society  held  in  the  Supreme  Court  Room  of  the 
Capitol  at  Washington  on  the  preceding  19th  of  February.  A  number  of  distin 
guished  individuals  were  present;  among  them  General  Lafayette,  Chief-Justice 
Marshall,  and  others.  The  African  Repository  publishes  the  following  extracts 
from  a  speech  delivered  on  this  occasion  by  Robert  F.  Stockton,  Esq.,  on  the 
presentation  of  certain  resolutions  of  the  New  Jersey  Colonization  Society,  of 
which  the  then  Lieutenant  was  a  delegate1. — 

"  Why  is  it,  sir,  that  the  people  of  these  United  States  have  thus  far  enjoyed 
a  happiness  and  prosperity  unexampled  in  the  annals  of  nations  ?  Is  it  exclusively 
to  be  attributed  to  the  wisdom  of  her  statesmen  ?  to  the  upright  and  independent 
administration  of  her  laws  ?  to  the  physical  strength  and  resources  of  the  coun 
try  ?  to  the  prowess  of  her  sailors  ?  No,  sir !  All  this  is  well,  is  excellent,  is 
admirable  ;  but  more  than  this  is,  nevertheless,  required.  It  is  because — what 
ever  may  be  the  cancerous  and  alarming  evils  which,  by  its  early  masters,  have 
been  entailed  on  the  finest  country  in  the  world — her  institutions  of  modern 
times,  dating  their  birth  with  the  American  Revolution,  are  based  substantially 
on  moral  rectitude  and  the  equal  rights  of  man.  But,  sir,  let  me  not  be  mis 
understood  on  this  delicate  and  important  question.  With  the  enthusiasts  of 
the  North,  I  embark  not  in  the  wild  and  destructive  scheme  which  calls  on  the 
South  for  immediate  and  universal  emancipation.  With  the  South, — but,  sir,  I 
will  not  offend  against  the  talent,  and  refinement,  and  magnanimity,  by  which 
all,  who  have  the  happiness  to  know  it  at  all,  know  it  to  be  distinguished,  by 
suggesting  the  possibility  that  what  long-lived  error  has  made  indispensable 
for  the  present  she  can  wish  to  increase,  and  strengthen,  and  perpetuate.  No, 
sir !  There  is  a  golden  mean  which  all  who  would  pursue  the  solid  interest 
and  reputation  of  their  country  may  discern  at  the  very  heart  of  their  confede 
ration  and  will  both  advocate  and  enforce, — a  principle  of  justice,  conciliation, 
and  humanity, — a  principle,  sir,  which  is  not  inconsistent  with  itself,  and  yet 
can  sigh  over  the  degradation  of  the  slave,  defend  the  wisdom  and  prudence  of 
the  South  against  the  charge  of  studied  and  pertinacious  cruelty,  and  yet,  with 
an  eye  of  warning  and  a  voice  of  thunder,  invoke  them  to  be  stirring  in  the 
great  cause  and  claims  of  Nature.  Thus,  sir,  it  is  that,  although  inheritors  of 
difficulties  of  no  ordinary  complexity,  these  United  States,  in  their  separate  as 
well  as  their  federal  relations,  are  substantially  based  oa  those  elevated  maxims, 
which,  if  they  continue  to  maintain,  will  not  tail  to  reward  them  with  unparal 
leled  liberality. 

"Nor,  sir,  in  the  future  application  of  these  great  principles,  do  I  presume 
to  counsel  the  statesmen  of  the  day,  or  to  instruct  them  in  their  creed  of  political 
morality.  But  surely,  sir,  as  a  citizen  and  a  freeman,  yielding  to  no  one  in 
ardent  devotion  to  my  country's  honour,  I  may  be  allowed  to  conjure  those  dis 
tinguished  individuals  upon  whose  talents,  integrity,  and  patriotism,  we  repose, 
not  to  lose  sight  of  those  beacon-lights  which  are  calculated  on  the  one  hand  to 
protect  us  from  danger  and  on  the  other  to  lead  us  to  prosperity.  Is  it  unbe 
coming  in  me  to  beseech  them  not  to  mistake  sin  for  expediency,  and  to  be  in 
structed  by  the  philosophy  of  history  ?  What,  sir,  in  the  rearing  and  advance 
ment  of  a  young,  reflecting,  and  enterprising  people,  are  the  real  advantages 


68  APPENDIX   E. 

of  the  age  in  which  we  live  ?  Are  they  that  architecture  is  rebuilding  her 
proudest  temples?  that  music  swells  its  unequalled  harmony?  that  painting  bids 
fair  to  rival  the  works  of  its  ancient  masters  ?  or  that  all  the  arts,  whether 
useful  or  ornamental,  guided  by  the  light  of  liberal  science,  are  rapidly  striding 
to  perfection  ?  No,  sir ;  it  is  because  we  have  before  us  the  experience  of  so 
many  ages  and  the  philosophy  of  so  many  human  experiments  and  human 
failures  to  humble  and  enlighten  us. 

"  But  unfortunately-,  sir,  history  is  rarely  examined  as  it  should  be.  Of  what 
avail  is  it,  in  the  pursuit  of  the  speculator,  that  cities  and  empires  have  been 
reared  and  overturned,  and  that  so  many  towering  and  intrepid  spirits  have, 
with  all  their  schemes,  been  tumbled  from  their  elevation,  if  he  fail  to  consider 
the  moral  influence  upon  human  events  and  to  look  for  their  accomplishment 
beyond  the  boundary  of  human  means?  There  are,  sir,  crimes  of  nations  as 
well  as  of  individuals  ;  and,  while  the  immortal  essence  of  the  latter  is  reserved 
for  judgment  when  time  shall  be  no  more,  the  former  shall  account  in  the  only 
sphere  to  which  their  physical  conformation  is  adapted  and  beyond  which  their 
identity  is  forbidden  by  the  imperishable  requisites  for  eternity.  Spain,  sir,  has 
had  her  day  of  glory  and  of  happiness,  and  why  is  it  not  so  with  her  now  ? 
The  short-sighted  politician  will  trace  it  no  higher  than  to  the  natural  infirmities 
of  human  institutions,  the  scarcity  of  her  patriots,  the  exhaustion  of  her  re 
sources,  and  the  gradual  progress  of  bloated  luxury,  to  eventual  want  and 
general  degradation.  But,  sir,  can  we  be  satisfied  with  this  trite  array  of  se 
condary  causes — this  blind  and,  therefore,  hopeless  grasping  after  truth  and 
wisdom  ?  It  is  indispensable  that  we  should  answer,  No.  It  would  be  inte 
resting  to  analyze  the  history  of  Spain  in  support  of  the  position  I  would  main 
tain,  but  time  does  not  permit;  and  if  it  did,  to  the  present  assembly  it  would, 
in  all  probability,  be  more  than  superfluous.  But,  sir,  can  there  be  hazard  in 
the  assertion  that  Spain  has  even  now,  however  inglorious,  inactive,  or  subdued, 
her  abundant  resources,  her  port  of  dignity,  her  romantic  chivalry,  her  armies 
of  patriots  ?  Cast  your  eye  upon  her  fertile  regions,  breathe  in  the  luxuries  of 
her  delicious  climate,  calculate  the  value  of  her  exhaustless  colonies — her  ad 
vantages  for  commerce  and  the  number  of  her  inhabitants,  and  who  shall 
deny  to  her  abundant  resources? 

"As  for  her  patriots, — for  the  moral  and  intellectual  energies  that  might  be 
expected  to  excite  them  in  the  great  causes  of  national  and  individual  inde 
pendence, — need  they  be  mentioned  that  they  may  be  remembered  ?  The 
accents  of  her  gallant  defenders  expiring  on  the  scaffolds  of  her  own  erection 
are  still  piercing  our  ears ;  and  yet,  with  all  her  elements  of  worth,  and 
pride,  and  chivalry, — with  all  nature  to  cheer  her,  all  art  to  aid  her,  all  science 
to  instruct,  all  example  to  rouse,  and  all  wrongs  to  madden, — Spain  is  still  poor 
and  wretched,  spiritless  and  ignorant,  the  ruinous  and  crumbling  corner  of  a' 
splendid  continent.  But  how?  Spain,  sir,  has  been  arraigned  before  the  King 
of  kings,  and  is  now  writhing  in  agony  under  the  torture  of  his  retributive 
justice.  The  curse  of  successful,  but  insatiate,  avarice,  of  unintermitted  wrong, 
of  unbending  insolence  and  unsurpassing  cruelty,  is  upon  her !  She  made 
*  unto  herself  a  golden  calf  and  fell  down  and  worshipped  it.'  She  did  more, 
and  the  '  filthy  witness'  of  it  stains  her  hands.  The  blood  of  thousands  of 
unoffending  natives  is  still  smoking  for  vengeance  ;  and  when  shall  the  ruth 
less  deeds  of  Cortez  and  Pizarro  be  forgotten  ?  When  it  shall  comport  with 
the  mysterious  dispensations  of  Heaven  to  be  appeased  and  forgive  her,  Spain 
may  again  be  free  and  glorious  and  happy. 

"  There  are  other  nations,  sir,  yet  in  the  pomp  and  confidence  of  ascendency, 
to  whom  a  lesson  of  national  justice  and  moderation  would  be  useful ;  but 
'  iniquity  in  years/  and  with  strength  undiminished,  must  be  left  to  abler  cor 
rection.  Time,  the  arbitrator  of  the  destinies  of  the  world,  will  do  his  duty, 
and  the  Ruler  of  the  universe,  4  before  whom  every  knee  must  bow/  will  be 
at  hand  to  decide  and  punish.  But,  sir,  returning  from  abroad,  with  these 
serious  warnings  from  ancient  communities,  to  the  nurture  and  accomplishment 
of  our  useful  and  interesting  country,  let  us  not  be  wanting  in  the  manly  exer 
cise  of  self-examination.  We,  too,  have  a  moral  debt,  contracted  by  our  ances- 


APPENDIX    E.  69 

tors,  formidable  in  its  origin,  and  which  has  been  daily  accumulating  ;  and,  if 
we  desire  that  this  young  day's  happiness  may  not  be  succeeded  by  a  wretched 
imbecility,  and  that  our  Constitution  (the  sublimest  structure  for  the  promulga 
tion  and  protection  of  human  rights  the  world  ever  saw,  the  very  capital  of 
human  freedom)  shall  be  first  completed,  and  then  endure  through  the  lapse  of 
ages,  let  us  not  presume  on  the  tranquillity  of  to-day.  This  may  be  the  calm 
out  of  which  bursts  the  tornado,  this  the  smooth  and  deceptive  water  on  the  edge 
of  the  cataract.  The  time  may  come  when,  in  the  dispensation  of  Providence, 
this  great  people,  too,  may  be  stretched  in  death  before  the  scrutiny  of  posterity. 
"Let  it  not  be  said  that,  in  the  pride  of  youth  and  strength  of  manhood,  she 
perished  of  a  heart  blackened  by  atrocity  and  ossified  by  countless  cruelties  to 
thejlndian  and  the  African.  I  will  trespass  no  longer.  If,  sir,  I  have  said  a 
word  by  which  the  objects  of  our  institution  and  the  humane  recommendation 
of  our  venerable  Executive  for  the  colonizatiqn  of  our  aborigines  is  likely  to  be 
promoted,  I  shall  be  happy." 


Letter  of  Commodore  Stockton  on  the  Slavery  Question. 
MR.  WEBSTER  TO  COMMODORE   STOCKTON. 

WASHINGTON,  March  22,  1850. 
MY  DEAR  SIR  : — 

I  send  to  you,  as  an  old  friend,  a  copy  of  my  late  speech  in  the  Senate.  It 
relates  to  a  subject  quite  interesting  to  the  country,  as  connected  with  the  ques 
tion  of  proper  governments  for  those  new  territories  which  you  had  an  import 
ant  agency  in  bringing  under  the  power  of  the  United  States. 

I  would  hardly  ask  your  opinion  of  the  general  sentiments  of  the  speech,  al 
though  I  know  you  are  a  very  competent  judge,  but  that,  being  out  of  the  strife 
of  politics,  your  judgment  is  not  likely  to  be  biassed,  and  that  you  have  as  great 
a  stake  as  any  man  in  the  preservation  of  the  Union  and  the  maintenance  of 
the  Government  on  its  true  principles. 

I  am,  dear  sir, 

With  great  respect,  yours, 

DANIEL  WEBSTER. 
COMMODORE  STOCKTON. 


REPLY  OF  COMMODORE   STOCKTON. 

,  PRINCETON,  March  25. 

DEAR  SIR:— 

I  thank  you  for  your  letter  and  a  copy  of  the  recent  speech  delivered  by  you 
in  the  Senate  of  the  United  States. 

I  need  say  nothing  in  commendation  of  your  course,  which  has  been  so  gene 
rally  approved,  and  will  proceed  (without  referring  to  any  difference  of  opinion 
that  may  seem  to  exist  between  us  on  the  subject)  to  communicate  to  you  my 
candid  and  long-cherished  opinions  on  the  subject  of  slavery  as  it  exists  in  the 
United  States,  and  the  duty  of  the  Government  and  the  people  in  connection 
with  it. 

In  view  of  a  national  crisis  in  the  affairs  of  Great  Britain,  one  of  her  eminent 
statesmen  once  said,  "  In  order  to  be  prepared  for  the  trials  of  these  times,  we 
should  be  possessed  of  a  prompt  facility  of  adverting  in  all  our  doubts  to  some- 
grand  and  comprehensive  truth.  In  a  deep  and  strong  soil  must  that  tree  fix 
its  roots,  the  height  of  which  is  to  reach  to  heaven,  and  the  sight  of  it  to  the 
ends  of  the  earth." 

A  great  crisis  presents  itself  in  the  path  of  the  Republic.  Interests  of  incal 
culable  consequence  are  involved  in  it — to  you,  to  myself,  to  every  citizen — con- 


70  APPENDIX   E. 

sequences  not  limited  to  our  times,  but  extending  onward  to  all  future  genera 
tions,  and,  if  there  is  any  thing  in  the  hopes  that  have  been  cherished 'of  the 
universally  progressive  principles  of  liberty,  to  the  world  for  ages  to  come. 
"  There  are  times  (says  another  eminent  person)  when  the  assertion  of  great 
principles  is  the  best  service  a  man  can  render  society,"  and  this  is  such  a  time. 
We  are  all  called  upon  to  pause  at  the  present  crisis  and  consider  well  what 
are  the  demands  of  duty.  It  is  no  time  to  palter  about  party  distinctions  or 
sectional  differences ;  now,  if  ever,  it  becomes  us  to  feel  that  we  are  Americans 
— only  Americans.  It  is  no  time  to  calculate  questions  of  personal  popularity ; 
that  sacrifice  which  any  citizen  may  make  is  as  nothing,  if  it  contributes  to  save 
his  country.  A  Jerseyman  myself,  born  on  one  of  those  proud  battle-fields 
where  American  liberty  was  purchased,  bearing  a  life  devoted  to  the  service  of 
the  Union,  I  can  withhold  nothing  from  the  cause  of  that  Union  with  which  I 
solemnly  believe  liberty  is  herself  identified,  "one  and  inseparable." 

It  appears  to  me  that  the  polar  truth  to  which  the  view  of  our  fellow-citizens 
should  be  directed  in  the  present  emergency  is  this: — that  God  works  in  the 
affairs  of  nations,  and  shapes  them  to  his  purposes ;  and  that  to  ascertain  his 
will  we  must  study  in  the  school  of  his  providences,  and  take  counsel  from  the 
observation  of  his  ways  to  regulate  our  own.  The  destinies  of  men  and  of  na 
tions  are  in  the  bosom  of  the  Most  High.  He  lives  in  the  history  of  the  past ; 
he  will  live  in  the  history  of  the  future ;  and  he  who  has  most  deeply  reflected 
upon  the  records  of  the  past  has  most  clearly  seen  that  the  great  characteristics 
which  have  marked  the  progress  of  every  nation,  in  every  age,  have  eventually 
resulted  in  the  accomplishment  of  some  grand  design  in  which  the  hand  of 
Providence,  though  for  a  time  obscured  by  shadows,  has  been  at  last  clearly 
and  distinctly  seen. 

Of  this  our  own  history  furnishes  a  luminous  example.  The  preparation  for 
the  erection  of  the  great  temple  of  civil  and  religious  liberty  we  now  inhabit 
began  in  the  discoveries  and  convulsions  of  the  fifteenth  century.  The  materials 
for  it  were  found  in  men  schooled  by  providential  trials  and  disciplined  to  the 
work  they  were  to  commence ;  and  it  is  as  rational  to  suppose  the  world  was 
the  production  of  chance,  as  to  suppose  that  the  combination  of  events  which 
led  them  to  this  continent,  which  cherished  and  protected  their  infant  colonies, 
which  brought  about  the  Revolution  and  its  results,  and  has  made  us  what  we 
are,  was  the  work  of  chance  ;  it  is  this  which  inspires  me  with  hope  that  He 
who  founded  the  Republic  will  save  it — that  he  has  great  purposes  to  accom 
plish  yet,  and  that  they  will  be  unfolded  through  successive  years  for  ages  to 
come,  in  perfecting  the  institutions  of  a  rational  freedom  here,  and  in  extending 
them  to  all  other  continents. 

Though  men  were  the  instruments,  the  American  Revolution  was  the  work 
of  an  unseen  Power ;  the  actors  in  it  themselves  looked  back  with  astonishment 
at  the  course  they  had  taken  and  the  results  that  had  been  accomplished.  The 
greater  the  event,  the  more  clearly  has  the  hand  of  Providence  always  been 
seen  in  it ;  the  greater  the  hero,  the  more  heartfelt  always  has  been  his  acknow 
ledgment  that  a  superior  destiny  controlled  his  actions.  The  American  Consti 
tution  is  the  result  of  a  fearful  struggle.  Its  full  price  was  by  no  means  the 
sufferings  undergone  in  the  conflict.  The  series  of  events  by  which  it  was  ac 
complished  we  are  now  able  to  trace  distinctly  back,  through  the  privations 
and  trials  of  the  early  colonists,  to  the  days  when  popular  freedom  first  began 
the  contest  with  arbitrary  power  in  the  civil  Avars  of  England ;  and  its  pathway 
is  everywhere  marked  with  patient  endurance  and  costly  sacrifice. 

Things  permanently  good  are  of  slow  growth :  the  offspring  of  hardship,  they 
are  made  strong  through  suffering.  So  universal  is  this  law,  that  the  most 
hasty  minds  have  a  secret  misgiving  of  the  efficacy  of  hasty  products  ;  and  we 
would  as  soon  expect  undisciplined  troops  to  be  equal  to  the  hardships  and 
perils  of  a  dangerous  campaign,  as  that  an  undisciplined  community  could 
triumph  in  that  fiercest  of  all  warfares, — the  warfare  which  marks  everywhere 
the  pathway  to  national  existence,  greatness,  and  virtue. 

More  than  two  centuries  have  passed  since  the  events  which  were  to  result  in 
founding  the  Republic  were  put  in  motion ;  and  who  does  not  perceive,  both  in 


APPENDIX    E.  71 

our  colonial  and  constitutional  history,  that  the  process  by  which  we  have, 
within  a  comparatively  few  years,  come  to  the  full  achievement  of  a  distinctive 
nationality,  has  been  one  mainly  of  forbearance  and  self-denial?  Nor  have  we 
been  the  only  sufferers.  When  our  ancestors  came  to  this  country,  they  found 
it  in  the  possession  of  another  race.  That  race  has  had  their  day.  A  great 
continent,  fitted  by  nature  for  large  developments  in  the  progress  of  humanity, 
had  beer,  for  centuries  committed  to  their  keeping,  and  they  had  proved  faith 
less  to  their  trust.  It  was  manifest,  from  the  commencement  of  the  struggles, 
that  one  of  the  two  races  must  give  way  to  the  other,  and  no  one  doubts  the 
beneficence  of  that  Providence  which  decided  for  the  Anglo-Saxon  race.  Yet 
how  touching  is  the  story  of  the  red  man's  wrongs  !  We  commiserate  his  suffer 
ings,  while  we  clearly  see  that  the  decree  by  which  his  race  wastes  away  before 
the  advancing  footsteps  of  civilization  is  the  fiat  of  Infinite  Wisdom. 

The  same  all-pervading  Providence  has  brought  us  in  contact  with  still  an 
other  race, — the  African, — but  under  widely  different  circumstances.  Out  of 
this  circumstance,  and  the  events  connected  with  it,  the  crisis  we  are  now  con 
sidering  has  grown.  Three  millions  of  that  race,  scattered  through  fifteen  of 
the  States  of  the  Union,  are  in  the  condition  of  servitude.  Individuals  in  the 
non-slaveholding  States  have  not  only  been  long  in  the  habit  of  denouncing  the 
holding  of  slaves  as  a  sin,  as,  indeed,  among  the  worst  of  crimes,  but  have  in 
sisted  on  immediate  and  unconditional  abolition — have  carried  on  the  work  of 
agitation — have  encouraged  slaves  to  desert  their  masters — have  protected  fugi 
tive  slaves  from  pursuit  and  reclamation,  and  have  even  gone  so  far  as  to  de 
clare  that  it  was  cause  for  separating  from  the  South  altogether. 

The  General  Government  has  been  agitated ;  compromise  after  compromise 
has  been  made,  and  proved,  as  was  to  be  expected,  only  the  means  of  post 
poning  rather  than  of  settling  the  question,  until  at  last  things  have  reached  a 
condition  that  real  danger  to  the  Union  seems  to  be  apprehended  by  the  wisest 
men  of  both  sections  of  the  country.  It  is  time  for  men  now  to  speak  out, 
calmly,  but  fearlessly.  Whatever  has  been  wrong  should  be  made  right,  and 
the  question  settled  now  and  forever.  We  should  not  meanly  shrink  from  our 
just  responsibilities  and  put  them  upon  our  children. 

Now,  in  reference  to  the  relation  of  master  and  slave,  it  is  proper  we  should 
bear  in  mind  that  African  slavery  was  introduced  into  this  country  by  no  act  of 
ours.  For  its  introduction  the  American  people  are  in  no  just  sense  responsible. 
Its  introduction  here  was  the  act  of  Great  Britain  while  we  were  her  colonies. 
She  engrafted  this  system  into  our  communities  at  a  time  when  these  commu 
nities  (then  in  their  infancy)  were  unable  to  make  any  effectual  resistance. 
Our  ancestors,  at  the  time,  and  through  all  the  process  by  which  it  was  accom 
plished,  remonstrated  and  protested  against  it;  but  their  remonstrances  and 
protests  were  unheeded.  Its  introduction  was  considered  by  the  early  colonists 
an  evil — a  measure  of  oppression  to  them  as  well  as  to  the  slave ;  but  they  were 
as  powerless  to  resist  it  as  the  slave  himself. 

So  far  as  we  are  concerned,  this  circumstance  in  our  condition  is  providential. 
If  we  would  presume  to  scrutinize  and  judge  the  ways  of  Providence,  we  are 
driven  back  to  first  principles.  God  rules  in  the  affairs  of  nations  and  of  men 
as  an  absolute  sovereign,  and  shapes  all  human  events  to  his  great  purposes. 
The  purposes  he  designed  to  accomplish  in  all  this  may  be  involved  in  com 
parative  darkness  now;  but  if  it  shall  appear  hereafter  that  this  ivas  the  means 
by  which,  in  the  lapse  of  centuries,  he  accomplished  the  redemption  of  Africa  her 
self,  who  will  say  that  the  means  he  chose  were  inconsistent  with  his  wisdom  or 
his  goodness? 

This  fact,  then,  is  undisputed,  that  when  the  battles  of  the  Revolution  had 
been  fought — when  the  North  and  the  South  had  passed  shoulder  to  shoulder 
through  that  long  and  bloody  and  self-sacrificing  struggle,  and  the  independence 
of  their  country  was  achieved,  the  institution  of  slavery,  planted  by  other  hands 
in  our  midst,  existed.  A  very  large  number  of  our  citizens,  both  in  the  North 
and  South,  were  slaveholders.  Property  is  the  creature  of  the  law,  and  slaves 
had  been  made  property  by  law — been  so  held  for  ages.  What  was  to  be  done  ? 
The  general  welfare — the  preservation  of  all  that  had  been  gained— the  law  of 


72  APPENDIX   E. 

self-defence — required  that  a  Government  should  be  established,  and  that  this 
Government  should  embrace  and  combine  in  one  indissoluble  union  all  the 
liberated  colonies.  If  that  had  not  been  accomplished,  all  would  have  been 
shipwrecked  together. 

The  men  of  the  Revolution  saw  this  plainly.  They  were  men  equal  to  the 
crisis.  They  considered  the  question  as  a  whole.  They  sacrificed  on  the  altar 
of  concession  their  different  views  and  interests  as  to  particulars,  that  they 
might  reach  harmoniously  the  grand  result.  The  articles  of  confederation,  and 
subsequently  the  Constitution,  were  the  results  of  compromise;  and  whatever 
politicians  may  say — the  spirit — the  intent — the  fair  construction  of  that  com 
promise — is,  that  the  institution  of  slavery  belongs  exclusively  to  the  States,  as  a 
matter  of  State  regulation,  and  that  the  General  Government  has  nothing  to  do 
with  it. 

No  power  over  it  was  delegated  by  the  Constitution  to  the  General  Govern 
ment,  (except  as  to  the  importation  of  slaves  into  the  States,)  nor  was  any  such 
power  prohibited  by  it  to  the  States.  It  was  expressly  provided  that  persons 
held  to  service  or  labour  in  one  State  under  the  laws  thereof,  escaping  into  an 
other,  should  not  be  discharged  from  such  service  or  labour,  but  should  be  de 
livered  up  on  claim  of  the  party  to  whom  such  service  or  labour  might  be  due ; 
and  by  an  amendment  to  the" Constitution,  adopted  in  1791,  it  was  provided 
that  the  powers  not  delegated  to  the  United  States  by  the  Constitution,  nor  pro 
hibited  by  it  to  the  States,  are  reserved  to  the  States  respectively,  or  to  the 
people.  Such  is  the  Constitution — such  the  compromise  upon  which  it  was 
formed — such  the  imperative  necessity  of  that  compromise :  and  even  if  that 
compromise  and  that  Constitution  were  the  result  of  a  mistake,  it  is  binding 
now,  and  as  long  as  it  shall  remain  unaltered,  on  every  law-abiding  man. 

If  the  toleration  of  slavery — if  the  permission  for  its  existence  in  any  part  of 
the  Union — was  a  great  national  crime,  when  and  by  whom  was  that  crime  com 
mitted  ?  At  the  formation  of  the  Government,  at  the  adoption  of  the  Constitu 
tion,  and  by  the  Washingtons,  the  Roger  Shermans,  the  Hamiltons,  the  Madi- 
sons,  the  Franklins,  the  Pinkneys,  of  the  land — by  such  men  as  Livingston  and 
Paterson,  Brearly  and  Dayton,  of  my  own  native  State,  approved  and  sanctioned 
with  unparalleled  unanimity  by  the  North  and  South.  Under  its  auspices,  I 
need  not  say  with  what  giant  strides  the  Republic  has  advanced  to  greatness 
and  prosperity,  nor  that  heaven  has  smiled  propitiously  upon  our  common 
heritage. 

Now,  the  question  which  has  come  up  with  such  a  threatening  aspect  before 
the  country  is,  in  my  judgment,  one  of  morals,  not  of  politics, — questions  always 
the  most  difficult  and  dangerous  to  deal  with,  because  they  do  not  lie  in  notions 
of  expediency,  but  in  matters  of  conscience.  They  are  always  liable  to  run  into 
fanaticism,  and  are  always  mingled  with  questions  of  religious  faith  and  moral 
obligation.  The  question  is  one  of  morals,  and  as  such  it  is  to  be  settled,  if 
settled  permanently  at  all.  Out  of  this  aspect  of  the  case  have  sprung,  as  inci 
dents,  all  the  questions  that  have  heretofore  been  and  are  now  the  subjects  of 
discussion.  The  Convention  of  '87,  the  Missouri  Compromise,  the  contested 
question  of  abolition  petitions  in  Congress,  the  agitations  in  the  North,  the  re 
criminations  of  the  South,  the  difficulties  about  fugitive  slaves,  and  latterly,  the 
California  question  and  the  Wilmot  Proviso,  are  all  but  branches  of  one  fruitful 
tree — the  question  as  to  the  moral  character  of  slavery  as  it  exists  in  the  States, 
and  the  moral  duty  consequent  upon  that  character.  In  reference  to  those 
phases  or  incidents  of  this  question,  which  involve  the  action  of  the  Government, 
they  never  would  have  been  unsettled,  or  at  any  rate  never  would  have  come  up 
in  their  present  embarrassing  forms,  if  the  General  Government  had  adhered,  as 
it  ought  in  my  opinion  to  have  adhered,  from  the  beginning,  to  a  strict  con 
struction  of  the  Constitution.  The  framers  of  this  instrument  meant  to  exclude, 
and  by  the  language  of  the  instrument  did  exclude,  the  national  Government 
from  all  action  upon  the  subject. 

They  granted  no  such  power  ;  they  expressly  excluded  all  powers  not  granted. 
Whenever  the  doctrine  of  inferential  powers — that  latitudinarian  doctrine — 
comes  fully  to  be  insisted  on  and  adopted,  the  Constitution  will  become  itself  a 


APPENDIX   E.  73 

thing  of  wax,  to  be  moulded,  by  the  ever-changing  opinions  of  men,  into  what 
ever  shape  those  opinions  happen  to  take ;  the  majority  will  become  supreme ; 
its  will,  the  Constitution,  and  every  thing  conservative,  will  be  liable  to  be 
broken  down.  Suppose  a  measure  oppressive — ruinous — to  one  portion  of  the 
Union,  is  adopted  by  a  mere  constitutional  majority,  and  in  constitutional  form: 
it  is  said  the  party  complaining  and  denying  its  constitutionality  has  an  ap 
peal  to  the  Supreme  Court.  But  to  argue  that  that  is  always  to  be  regarded  as 
a  place  of  absolute  security,  is  to  argue  that  it  is  infallible.  It  undergoes  the 
process  of  change  by  death ;  the  new  incumbents  are  apt  to  partake  of  the  views 
of  the  Constitution  held  by  a  majority  of  the  Government,  and  the  Court  to  be 
come  itself  the  advocate  of  those  views.  Beyond  this  are  the  rocks,  the  breakers 
of  revolution — the  dernier  resort  of  an  oppressed  people.  The  Constitution 
itself  was  originally  intended  to  be  the  cable  and  anchor  of  the  Union  and  all  its 
parts ;  and  nothing,  you  may  rely  upon  it,  but  the  doctrine  of  a  strict  construc 
tion,  can  ever  preserve  it  what  it  was  intended  to  be. 

Upon  the  question  of  domestic  slavery  in  the  States  and  in  the  territories,  non 
intervention  is  the  true  principle.  There  the  letter  of  the  Constitution  placed  it, 
and  there  it  should  be  left.  The  law  of  nature,  fixing  the  bounds  of  the  insti 
tution  by  the  unalterable  constitution  of  the  coloured  race,  the  temperature  of 
the  climate  and  nature  of  the  soil,  and  the  will  of  the  people  acting  through  the 
State  Legislatures  upon  their  several  States,  are  the  true  and  legitimate  regu 
lators  ;  and  all  interference,  except  moral  suasion,  the  power  of  argument,  the 
free  expression  of  opinion,  ought  to  be  excluded. 

I  now  come  to  the  main  question — the  question  which  lies  back  of  all  the 
others.  1.  Is  domestic  slavery  a  sin,  or  an  unmitigated  evil?  and,  2.  What  is 
the  duty  of  the  people  of  the  non-slaveholding  States  respecting  it?  These 
questions  go  to  the  root  of  the  whole  difficulty. 

1.  Is  domestic  slavery  a  sin,  or  an  unmitigated  evil?  In  order  to  arrive  at 
an  intelligent  conclusion  respecting  the  right  or  the  wrong  of  any  complex 
scheme  or  any  existing  institution,  we  must  be  careful  not  to  array  our  feelings 
against  our  reason ;  nor  ought  we  to  allow  our  displeasure  at  particular  cases 
of  excess  to  interfere  with  a  fair  and  deliberate  consideration  of  the  general 
working  and  tendency  of  the  system  as  a  whole.  It  belongs  to  this  question  to 
consider, — 1.  The  condition  of  the  coloured  man  as  it  would  have  been  had  he 
been  left  in  Africa.  2.  The  circumstances  under  which  we  find  him  here.  3. 
The  necessity,  if  such  there  be,  of  his  present  continuance  in  the  condition  in 
which  we  find  him.  4.  The  ultimate  tendency  of  what  may  seem  to  be  a  provi 
dential  arrangement  of  this  state  of  things. 

1.  Of  all  the  races  of  men  with  which  history  and  travel  have  acquainted  us, 
there  is  none  so  sunk  beyond  all  hope  of  self-restoration  as  the  African  on  his 
wide  continent.      In  ignorance  so  utter  that  he  is  elevated  little  above  the  brute, 
in  superstition  so  gross  that  it  drags  him  even  lower  than  the  brute,  without  a 
thought  of  liberty,  he  is  the  sport  of  tyranny  in  its  lowest,  meanest,  and  most 
cruel  forms ;  he  has  nothing  he  can  call  his  own ;  he  has  no  idea  of  God,  of 
justice,  of  moral  obligation,  of  the  rights  of  persons  or  property.     In  a  word, 
"  Africa  has  long  forgotten  God,  and  God  has  abandoned  Africa" — but  not,  I 
trust,  forever.     From  such  a  land  and  such  a  condition — sold,  bartered  away  by 
his  countrymen — the  slave  was  brought  to  these  shores  while  we  were  colonists 
and  subject  to  British  law.     Here  he  is  in  a  civilized  and  Christian  country ;  he 
has  more  opportunities  of  enlightenment  than  he  would  have  had  in  Africa ;  he 
is,  as  a  general  rule,  treated  with  kindness ;  he  is  protected  from  want  in  sick 
ness  and  old  age,  and  is,  on  the  whole,  better  off,  safer,  happier,  than  he  would 
have  been  in  his  native  country. 

2.  But  in  the  second  place,  with  the  moral  character  of  the  act  bringing  the 
slave  to  this  country  we  have  now  nothing  to  do.     We  find  him  here  ;  the  thing 
is  done.      So  far  as  the  slave-trade  is  concerned,  we  have  acted  on  that,  and 
abolished  it.    Slavery  was  introduced  in  other  times  and  under  other  auspices.    It 
existed  when  the  Government  was  established;  an  institution  which  could  not 
be  got  rid  of — which  had  of  necessity  to  be  tolerated.     Slaves  had  been  made 
property  in  the  Colonies  by  British  law.     The  Government  found  it  au  existing 


74  APPENDIX   E. 

institution,  and  the  Constitution  left  it  so — of  necessity,  imperative  and  uncon 
trollable — to  be  enacted  on  exclusively  by  the  States,  subject  to  the  moulding 
and  changing  and  controlling  opinions  and  consciences  of  those  concerned. 
These  have  not  been  inactive.  In  many  of  the  States  the  institution  has  been 
abolished ;  in  others,  meliorated ;  in  all,  it  is  a  question  for  opinion  and  con 
science  to  act  upon.  As  the  General  Government  has  no  power  to  abolish  it, 
so  it  has  no  power  to  prevent  any  State  from  abolishing  it. 

3.  In  the  third  place,  every  considerate  man.  sees  that  in  the  present  condi 
tion  of  things  slavery  cannot  be  immediately  and  absolutely  abolished.  We 
must  reason  about  things  as  they  are — not  as  we  might  wish  them  to  be.  The 
slave  is  property;  he  became  so  by  a  law  of  our  common  ancestors  ;  he  was  left 
in  that  condition  by  the  law  of  our  common  fathers  who  founded  the  Republic. 
The  burden  of  this  purchase  should  be  borne  in  all  justice,  equally  by  our  citi 
zens,  and  we  are  not  ready  to  pay  the  price.  But,  if  we  were  ready,  he  is  not  in 
a  condition  to  take  care  of  himself.  He  has  not  the  culture,  the  training,  the 
experience,  necessary  to  self-dependence.  And  where  is  he  to  go?  No  reflecting 
man  is  prepared  to  say  he  is  willing  to  have  three  millions  of  slaves  turned  loose 
in  the  States,  to  fill  the  prisons  and  poor-houses  and  alms-houses  of  the  country, 
or  to  live  by  plunder  on  the  community.  What,  too,  is  to  be  his  lot  for  the 
future  in  such  a  case?  Is  he  to  live  in  our  midst  as  a  marked  and  degraded 
being,  through  all  time,  or  are  we  prepared  to  place  him  on  an  equality  with  us, 
civilly  and  socially.  Are  we  ready  for  amalgamation? 

There  seems  under  those  circumstances  to  be  a  necessity  for  his  continuance 
at  present  in  the  condition  in  which  he  is  placed. 

In  the  fourth  place,  the  hand  of  Providence  seems  to  be  clearly  pointing  out 
an  ultimate  design  in  all  this  arrangement  of  things.  Yonder  is  Africa,  with  her 
one  hundred  and  fifty  millions  of  miserable,  degraded,  ignorant,  lawless,  super 
stitious  idolaters.  Whoever  has  stood  upon  her  sands,  has  stood  upon  a  conti 
nent  that  has  geographical  and  physical  peculiarities  which  belong  to  no  other 
of  the  great  divisions  of  the  globe.  The  latter  appear,  upon  the  face  of  them,  to 
have  been  adapted  to  draw  out  the  energies  of  the  natives  in  their  inequalities 
of  temperature,  soil,  and  surface,  inviting  the  ingenuity  and  enterprise  of  man 
to  overcome  them,  and  in  the  varieties  of  their  products  tempting  the  inter 
changes  of  commerce ;  thus  affording  ample  encouragement  to  the  progress  of 
civil  and  social  improvement.  But  Africa  is  still,  as  of  old,  a  land  of  silence  and 
of  mystery.  Like  the  interminable  dreariness  of  her  own  deserts,  her  moral 
wastes  of  mind  lie  waiting  for  the  approach  of  influences  from  abroad.  No 
savage  people  have  ever  advanced  to  a  civilized  state  without  intercommunica 
tion  with  others.  All  the  continents  of  the  world  have,  in  their  turn,  been  occu 
pied  and  civilized  by  means  of  colonies ;  but  in  no  one  of  them  did  it  appear  so 
inevitably  necessary,  from,  a  previous  examination  of  circumstances,  as  in  that 
of  Africa.  It  is  plain  to  the  very  eye  that  Africa  is  a  land  to  which  civilization 
must  be  brought.  The  attempt  has  been  made  over  and  over  again,  by  devoted 
missionaries  and  others,  to  penetrate  that  land  and  seek  to  impart  the  blessings 
of  civilization  and  Christianity  to  her  savage  hordes.  But  the  labour  has  been, 
spent  in  vain.  The  white  man  cannot  live  in  Africa.  The  annals  of  the  Mora 
vians,  of  Cape  Colony,  of  Sierra  Leone,  of  Liberia,  contain  the  records  of  the 
sacrifice  of  some  of  the  best  men  that  have  lived  to  grace  the  pages  of  any 
people's  history,  in  the  vain  attempt  to  accomplish  something  for  her  redemp 
tion  through  the  instrumentality  of  white  men.  Who,  then,  is  to  do  this  work  f 

Let  now  any  calm,  reflecting  spectator  of  the  present  state  of  the  world  be 
asked  to  look  at  Africa,  and  then,  from  among  the  nations,  point  out  the  people 
best  calculated  to  do  this  work ;  and  when  his  eye  falls  upon  the  descendants  of 
the  sons  of  that  continent  now  in  America,  will  he  not  say,  These  are  the  people 
appointed  for  that  work  f 

The  ways  of  God  are  mysterious.  So  Joseph  was  sold  a  slave  into  Egypt ;  so 
his  father  and  his  brethren  were  driven  thither  bv  providential  circumstances; 
so  their  generations  remained  as  slaves  in  Egypt  for  four  centuries  and  a  half; 
and,  when  the  appointed  time  had  come,  in  His  own  appointed  way  the  Ruler 
of  nations  led  them  to  the  accomplishment  of  His  great  purposes.  And  it  is  not  j 


APPENDIX   E.  75 

to  be  forgotten  that  it  was  not  the  act  of  holding  this  people  in  bondage  for  so 
many  years,  that  Pharaoh  and  the  Egyptians  were  punished ;  but  their  crime 
was  this :  that  when  the  Divine  Being  had  prepared  all  things  for  the  event  he 
proposed  to  accomplish,  and  demanded,  by  an  accredited  ambassador,  that  they 
should  be  allowed  to  depart,  "they  would  not  let  the  people  go." 

The  great  progenitor  of  the  Israelites  was  a  slaveholder ;  the  Israelites,  after 
their  emancipation,  became  slaveholders.  Nothing  is  clearer  than  that  under 
the  Mosaic  dispensation  slavery  was  lawful ;  the  institution  was  recognised  and 
regulated  by  the  law  of  Moses;  and  the  founder  of  Christianity  and  his  dis 
ciples  (though  Judea  and  all  the  provinces  of  the  Roman  empire  were  in  their 
times  full  of  slaves,  and  slaves  subjected  to  the  most  rigid  laws)  never  forbade 
or  even  denounced  the  relation  as  sinful,  or  exhorted  masters  to  liberate  their 
slaves ;  but  enjoined  on  masters  the  principles  of  humanity  and  justice,  and  on 
slaves  obedience  and  contentment ;  and  those  notions  of  morality  may  well  be 
questioned  which  in  our  days  disalloAv  what  Christ  and  his  apostles  did  not 
disallow. 

Such  an  Exodus  as  that  of  the  Jews  from  Egypt  may  not  be  within  the  pur 
pose  of  the  Deity  in  relation  to  the  children  of  Africa  now  in  this  country,  or 
their  descendants.  But  has  He  no  purpose  in  all  this  arrangement  that  has  been 
going  on, — in  the  gathering  of  a  vast  family  of  these  people  here, — in  their  condi 
tion  of  servitude,  endurance,  discipline, —  in  the  difficulties  with  which  their 
emancipation  is  surrounded, — in  the  natural  impossibility  that  the  whites  ever 
will  or  can  consent  to  raise  them  to  a  condition  of  equality?  No  purpose  in 
casting  their  lot  in  a  country  so  free  for  the  interchange  of  opinion,  and  where 
opinion  is  so  enlightened  and  progressive  and  there  is  so  much  benevolence  and 
Christian  enterprise?  Has  he  not  a  purpose  in  all  this,  to  accomplish  (in  some 
way  of  his  own,  through  this  instrumentality)  the  regeneration  of  the  millions 
of  benighted  Africa?  The  germs  of  colonies  are  already  planted  there  as  the 
fruits  of  this  system  of  servitude.  But  the  free  African  among  us  clings  to 
this  country  still,  under  all  his  disabilities,  regardless  of  the  claims  of  the  land 
of  his  fathers  upon  him  ;  and  may  not  slavery  and  the  necessity  of  migration  as 
the  condition  of  his  release  be  the  appointed  instrument  to  produce  compliance? 
The  colonies  we  have  settled  in  Africa  would,  ere  this  day,  have  become  a  Re 
public  of  power,  had  the  free  negroes  of  the  North  been  willing  to  become  citi 
zens  of  it.  But,  like  the  Israelites  of  old,  who  would,  but  for  the  Divine  inter 
position,  have  sacrificed  their  liberators  in  the  wilderness  and  returned  into 
Egypt,  these  liberated  descendants  of  Africa  cannot  be  persuaded  to  look  towards 
the  land  of  their  fathers.  The  millions  of  their  coloured  bondmen  there  mvaken 
no  sympathy  in  their  hearts.  Their  fixed  and  resoluted  purpose  appears  to  be 
to  remain  among  the  whites  and  force  themselves  by  progressive  steps  into  a 
civil  and  social  equality  with  them ;  and  it  is  chiefly  with  a  view  to  strengthen 
themselves  in  these  particular  views  and  aspirations,  that  they  band  together 
under  the  abolition  flag,  and  fill  our  cities  with  threats  of  vengeance  against  the 
•white  race  if  they  shall  dare  to  execute  the  laws  in  relation  to  fugitive  slaves. 

Now,  when  we  came  to  reflect  calmly  and  candidly  upon  all  these  circum 
stances,  in  connection  with  the  question,  "Is  domestic  slavery,  as  it  exists  at  the 
South,  a  sin?"  it  seems  to  me  that  question  must  be  answered  in  the  negative. 
The  relation  of  master  and  slave  may  be,  and  doubtless  is,  sometimes  the  occa 
sion  of  cruelty  and  injustice.  But  this  is  also  true  of  the  relation  of  husband 
and  wife,  parent  and  child,  master  and  apprentice,  and  of  employer  and  em 
ployed  in  our  system  of  labour.  But  the  abuses  of  a  system  or  relation  form  no 
sound  argument  against  the  system  or  relation  itself.  I  am  no  apologist  for 
abuse.  I  am  as  ready  as  any  man  to  denounce  cruelty,  unnatural  separations, 
a  disregard  of  the  domestic  relations,  or  a  deprivation  of  the  means  of  moral  and 
religious  culture  to  the  slave,  under  our  system  of  slavery,  as  a  crime.  But  the 
correction  of  these  belongs  to  the  duties  of  the  State  Governments.  We,  in  New 
Jersey,  have  no  more  right  to  interfere  with  South  Carolina  than  she  with  us, 
in  such  matters;  nor  in  fact  have  we  in  New  Jersey  any  more  right  to  interfere 
with  the  slaves  of  South  Carolina  or  Georgia  than  we  have  with  the  slaves  of 
Russia  or  Austria, — each  Southern  State  being,  in  respect  to  this  question,  as 


76  APPENDIX    E. 

absolutely  sovereign  as  are  Russia  and  Austria.  We  are  to  reason  about  the 
institution  of  slavery  as  we  reason  about  every  other  human  institution,  from  its 
proper,  humane,  conscientious  and  lawful  use,  when  both  parties  discharge  their 
mutual  obligations. 

Having  established,  as  I  think,  that  domestic  slavery,  as  it  exists  in  the 
Southern  States,  is  not  in  itself  sinful  or  an  unmitigated  evil,  this  subject  is  re 
lieved  from  its  greatest  embarrassment;  and  now  I  proceed  to  consider :  What  is 
the  duty  of  the  people  of  non-slave-holding  States  respecting  Slavery  ? 

Shall  we  attempt  forcibly  to  break  down  this  institution  of  slavery  ?  To  make 
the  attempt  is : — 

First.  To  violate  the  Constitution  and  its  compromises.  I  care  not  whether 
under  colour  of  inferential  instruction — assuming  the  Constitution  to  imply  the 
power  of  interference — (which,  by-the-way.  I  unconditionally  deny) — or  acting 
regardless  of  it.  In  either  case  it  is,  at  best,  the  appeal  to  the  mere  majority 
power,  acting  upon  and  forcing  the  minority. 

Second.  It  is  to  attempt  the  liberation  of  the  slave,  and  fail.  For  by  the  effort 
the  most  we  can  do  is  to  drive  the  South  with  its  slaves  out  of  the  Union  without 
liberating  a  single  slave;  and, 

Third.  It  is  to  compel  a  dissolution  of  the  Union.  Have  the  people  considered 
the  consequences  implied  in  this  branch  of  the  alternative?  Suppose,  after  all, 
that,  in  opposition  to  the  plain  teachings  of  the  Bible  and  the  judgment  of  God's 
holiest  men,  they  still  hold  that  slavery  is  in  itself  sinful,  and'the  owners  of  slaves 
are  men-stealers,  robbers  and  pirates,  then,  indeed,  this  question  assumes  a  more 
serious  aspect,  and  Mr.  Calhoun  may  no  longer  be  denounced  as  either  un 
patriotic  or  extravagant  in  calling  for  an  amendment  of  the  Constitution,  or  any 
other  means  that  will  secure  his  constituents  from  imminent  peril  and  his  pos 
terity  from  the  calamities  of  civil  war.  But — 

Is  there  not,  in  this  view,  a  crime  of  deeper  and  redder  dye,  in  marching  over 
a  desecrated  Bible  and  a  broken  compact  to  shed  oceans  of  fraternal  blood?  Is 
it  lawful,  on  their  own  principles,  to  do  evil  that  good  may  come — even  if  good 
could  by  it  be  accomplished?  If  they  succeed  in  driving  the  South  to  a  secession, 
they  inevitably  kindle  the  fire  of  a  conflagration  which  will  burn  over  this  whole 
Republic  until  it  reduces  to  ashes  the  structure  which  Providence  has  for  cen 
turies  been  preparing  and  rearing  up  on  this  continent ;  and,  in  the  conflagra 
tion,  their  own  homes  and  hopes  will  be  mingled  with  the  sacrifice. 

"One  great  principle,"  says  Dr.  Channing,  "which  we  should  lay  down  as 
immovably  true,  is,  that  if  a  good  work  cannot  be  carried  on  by  the  calm,  self- 
controlled,  benevolent  spirit  of  Christianity,  then  the  time  for  doing  it  has  not 
come.  God  asks  not  the  aid  of  our  vices.  He  can  overrule  them  for  good,  but 
they  are  not  the  chosen  instruments  of  human  happiness."  But  if  we  would 
adopt,  as  I  sincerely  do,  the  other  alternative — that  with  the  institution  of 
slavery  as  it  exists  in  the  South  we  have  nothing  to  do — that  we  are  not  only 
prohibited  by  the  Constitution  from  meddling  with  it,  but  that  it  is  a  question 
of  conscience  to  be  settled  by  Southern  men  for  themselves — a  question  upon 
which  good  men  may  differ,  and  must  be  left  to  differ  if  they  will,  whether  in 
the  North  or  South — a  new  train  of  thoughts,  a  new  field  of  benevolent  and 
Christian  enterprise,  opens  before  us.  Going  back  to  the  great  truth  from  which 
we  started,  and  regarding  all  the  circumstances  of  the  present  state  of  things 
as  a  part  of  the  design  of  Providence  to  accomplish  a  great  result  for  Africa, 
there  is  a  work,  and  a  great  work,  for  us  to  do.  Let  the  great  heart  of  Christian 
benevolence  in  the  North  and  the  South  unite  in  selecting  from  this  vast  African 
family — this  nursery  planted  and  growing  on  our  shores — the  proper  subjects  to 
be  sent  upon  the  mission  of  redemption  to  the  land  of  their  ancestors,  until  the 
last  slave  shall  have  departed,  and  Africa's  long  night  shall  have  been  dispelled 
by  the  sun  of  freedom  and  civilization.  The  philanthropist  will  find  here 
enough  to  do  to  satisfy  the  largest  benevolence,  in  acts,  in  personal  sacrifices, 
in  contributions  to  the  cause  of  humanity,  without  the  violation  of  personal  or 
legal  rights — doing  good  that  good  may  come. 

Let  the  General  Government,  then,  retrace  its  steps;  and  instead  of  provisos, 
and  compromise  lines,  and  agreements  to  keep  up  the  balance  of  power,  fall 


APPENDIX   E.  77 

back  upon  the  literal  construction  of  the  Constitution — adopt  the  principle  of 
total  non-inte»*vention,  now  and  forever — leaving  the  laws  of  nature  and  the  voice 
of  public  opinion  to  adjust  the  limits  of  the  institution,  free,  uncontrolled,  and 
uninfluenced  by  the  action  of  Congress,  and  all  will  be  safe.  The  Gordian  knot 
will  be  dissolved — not  cut — and  the  ark  of  the  covenant,  with  its  sacred  deposit, 
be  borne  on  safely  to  its  destination. 

The  measures,  in  short,  which  I  would  propose,  are — 

1st.  A  declarative  act,  in  such  form  as  may  be  deemed  proper,  that  the  Con 
stitution  gives  no  power  to  the  General  Government  to  act  on  the  subject  of 
domestic  slavery,  either  with  respect  to  its  existence  in  the  States,  the  Territo 
ries,  or  the  District  of  Columbia. 

2d.  The  most  efficient  act  that  can  be  framed  to  enforce  the  provisions  of  the 
Constitution  in  relation  to  fugitive  slaves. 

3d.  That  California,  in  consideration  of  the  peculiar  circumstances  of  her  case, 
be  admitted  without  the  approval  or  disapproval  of  that  part  of  her  Constitution 
which  relates  to  slavery. 

I  believe  these  three  positions,  carried  out,  would  settle  the  question  forever. 
They  involve  no  concessions — no  compromise;  they  are  no  temporary  expedient. 
They  put  the  solution  of  the  difficulty  on  the  eternal  principles  of  right — the 
law  of  the  Constitution. 

I  think  the  great  majority  of  the  North  and  South  are  prepared  to  place  it 
there,  and,  having  placed  it  there,  to  stand  by  and  maintain  the  Union  at  all 
hazards. 

I  feel  that  I  have  already  trespassed  too  long  on  your  patience.  But  it  is  a 
subject  of  vast  importance,  and  I  cannot  close  this  letter  without  a  few  general 
remarks  in  reference  to  the  foregoing  views. 

At  such  a  time  all  good  men  will  forbear,  exchange  opinions,  and  reason  in 
the  spirit  of  conciliation. 

Conscientious  differences  of  opinion  among  men  will  always  exist  in  relation 
to  moral  questions. 

Some  conscientious  men  believe  slavery  to  be  a  sin;  other  conscientious  men 
believe  that  the  law  of  property  which  enables  one  man  to  hold  what  they  insist 
is  the  common  gift  of  the  Creator  to  his  creatures,  is  sin.  Again,  still,  other 
conscientious  men  hold  that  to  take  a  glass  of  wine  is  sin ;  and  so  on,  through  an 
endless  variety  of  subjects. 

If  these  conscientious  opinions,  or  any  of  them,  pervade  the  majority,  are  all 
\vho  do  not  hold  them  to  be  driven  with  fire  and  sword  out  of  the  Union,  or 
compelled  to  yield  their  opinions,  equally  conscientious,  to  the  majority?  These 
notions  are  inconsistent  with  a  wise  moderation ;  they  come  from  an  abuse  of 
reason  in  the  first  place,  and  a  proposed  abuse  of  power  in  the  second. 

Such  arguments  are  always  drawn  principally  from  the  excesses  of  a  system, 
rather  than  from  the  system  itself,  and  there  lies  the  error;  it  is  the  error  of 
fanaticism,  which  always  puts  in  the  plea  of  conscience,  whether  it  burns  the 
supposed  heretic  at  the  stake,  or  hunts  down  witchcraft,  or  impales  the  Nestorian, 
or  fans  the  flame  of  civil  war. 

Instead  of  railing  with  infuriated  declamation  against  a  system  because  of 
its  excesses,  which  are  incident  to  every  human  institution,  we  should  calmly 
and  dispassionately  seek  to  extract  the  truth  from  the  general  rule  rather  than 
from  its  exceptions.  The  system  of  slavery,  like  every  human  system,  has  its 
excesses — its  exceptions  from  the  general  rule.  But  it  is  quite  probable  that 
there  may  exist  in  the  one,  as  in  the  other,  an  absolute  law,  which  is  working 
out  a  beneficent  result.  If  a  man  wishes  to  fall  under  the  delusion  of  a  uni 
versal  fanaticism,  it  is  only  necessary  that  he  adopt  the  method  of  looking  at 
the  special  attendants  of  every  system  to  the  exclusion  of  the  general  law  which 
regulates  them,  and  the  work  is  done;  while  he  is  intent  with  some  accident  of 
the  train,  the  train  itself  has  long  since  passed  on,  leaving  him  to  grow  more 
and  more  inflated  with  conceit,  indignation,  unholy  zeal,  and  misanthropic  rail 
ing, — all  the  natural  results  of  so  narrow-minded  a  procedure.  Let  every  man 
run  off  with  particular  features  out  of  the  general  complexion  of  any  subject  or 
thought,  and  gaze  at  those  features  long  enough  and  absorbingly  enough,  and 


T8  APPENDIX   E. 

the  best  thing  within  the  range  of  human  experience  will  become  to  him  a  bug 
bear.  The  individual,  however,  who  neglects  the  "great  law  of  compensation" 
in  judging  of  human  affairs,  has  only  to  apply  the  same  method  of  judging  to 
himself;  and,  passing  by  his  redeeming  qualities  and  looking  only  at  his  own 
excesses  and  defects,  he  will  find  in  himself,  if  he  is  honest  in  the  search,  enough 
to  satiate  his  appetite  for  condemnation  and  hate.  It  is  far  easier  to  condemn 
than  to  judge  correctly — far  easier  to  get  into  a  passion  about  a  subject  than  to 
get  a  comprehension  of  it. 

The  idea  that  out  of  the  institution  of  domestic  slavery  in  this  country  is  to 
spring  the  regeneration  of  Africa,  derives,  it  seems  to  me,  great  force  from  the 
recurrence  to  past  history. 

We  invariably  find  that,  in  the  dispensation  of  Providence,  nations  which  have 
been  called  to  act  an  important  part  in  the  work  of  human  progress  have  been 
led  through  a  long  previous  discipline  of  trial;  the  restraints  and  endurance  of 
youth  have  preceded  the  power  and  efficiency  of  manhood.  Primary  subjection 
is  the  law  of  stable  growth,  and  seems  an  indispensable  condition  of  the  advance 
ment  of  our  race. 

We  have  only  to  look  back  through  a  few  centuries  to  find  the  evidences  of 
this  in  the  annals  of  our  race..  Our  ancestors  were  for  centuries  a  down-trodden, 
enslaved,  and  toiling  people.  The  Anglo-Saxon  race  have  become  what  they  are 
by  a  long  training  in  the  school  of  patient  endurance;  in  the  case  of  England, 
under  oppressive  servitude  to  the  Roman  and  the  Norman ;  in  the  case  of  America, 
under  the  oppression  of  our  mother-country  and  the  trying  discipline  of  Colonial 
suffering.  In  the  life  of  a  nation,  hundreds  of  years  may  be  as  a  day  in  the  life 
of  an  individual.  It  is  often  necessary  for  many  generations  to  pass,  before  a 
new  influence  can  be  made  to  affect  the  mass.  If  all  were  willing,  the  work  of 
national  preparation  might  be  more  rapid;  but  thousands  are  to  be  made  willing, 
and  by  the  providential  adaptation  of  the  means  to  the  end. 

It  is  conceded,  on  all  hands,  that  the  probation  of  the  African  people  now  in 
bondage  on  our  shores  is  to  come  to  an  end. 

That,  while  there  is  an  interchange  of  benefits  between  the  parties,  there  is  at 
the  same  time  a  community  of  evil,  which  renders  it  better,  both  for  the  whites 
and  the  blacks,  that  it  should  come  to  an  end. 

When  shall  that  time  be?  is  the  great  question  before  the  American  people. 

In  seeking  an  answer  to  this  question,  we  may  be  sure  there  is  some  safer 
ground  on  which  to  take  our  stand  than  that  of  political  chicane,  of  fanatical 
prejudice,  or  of  any  merely  temporary  or  prudential  expediency. 

If  slavery  is  to  be  abolished  now,  then  it  is  to  be  done  in  a  moment.  That  is 
to  say,  at  one  stroke  a  community  of  three  millions  of  people,  habituated  to  a 
certain  way  of  life,  are  to  be  thrown  into  new  circumstances: — a  thing  plainly 
preposterous,  because  no  kind  of  society  changes  its  customs  suddenly  and  suc 
ceeds  in  doing  well.  Great  changes  in  society  must  come  in  with  previous  pre 
paration,  or  they  come  in  to  little  purpose.  Seven  years  sufficed  to  fight  the 
battles  of  the  Revolution,  but  many  more  were  spent  in  preparation  for  that 
event,  and  many  more  will  be  required  to  perfect  its  results.  If  Providence 
rules  in  the  affairs  of  nations,  the  existence  of  slavery  has  some  prospective 
purpose,  only  to  be  accomplished  by  prior  preparation  for  it. 

Let  us  not  be  impatient  or  presumptuous.  These  African  people  are  passing 
to  their  destiny  along  the  same  path  which  has  been  trod  by  other  nations, 
through  a  mixture  of  hardship,  of  endurance,  but  in  a  land  of  light  and  amid 
a  civilized  society.  They  are  preparing  to  accomplish  a  work  for  their  native 
continent  which  no  other  people  in  the  world  can  accomplish.  Their  plain 
mission  is  ultimately  to  carry  the  gifts  of  society,  of  religion,  of  government, 
to  the  last  remaining  continent  of  the  earth,  where  these  blessings  are  totally 
unknown.  Their  work  is  a  great  one,  as  it  would  seem  to  be  connected  essen 
tially  with  the  final  and  universal  triumph  of  civilization  and  Christianity  in 
the  world.  It  is  our  duty  to  follow,  not  to  attempt  to  lead  in  the  ways  and  pur 
poses  of  Providence.  We  are  to  move  forward  when  the  pillar  of  fire  and  cloud 
moves  forward,  and  to  rest  when  it  rests. 

Doubtless  there  is  a  time  for  action;   but  it  is  characteristic  of  all  great 


APPENDIX    E.  79 

changes  that  they  make  known  their  own  seasons.  That  time,  in  the  present 
instance,  has  not  yet  come — for  the  manifest  reason  that  the  way  is  not  yet  open 
for  it.  When  the  time  shall  come,  the  way  will  come  with  it,  the  preparations 
for  it  be  complete.  The  North  settled  this  question  easily,  quietly.  Surely,  it 
is  no  great  stretch  of  charity  for  us  to  suppose  that  in  due  time  the  same  thing 
will  be  accomplished  in  the  South.  We  of  the  North  have  given  no  peculiar 
evidence  of  superior  goodness,  that  we  should  suppose  the  South  not  to  be  pos 
sessed  of  as  much  justice,  charity,  and  good  sense,  as  ourselves. 

I  firmly  believe  that  the  hour  for  the  complete  enfranchisement  of  the  South 
ern  Slave  will  be  the  hour  of  the  complete  preparation  for  the  work  of  African 
redemption  and  civilization ;  and  that  hour  will  make  itself  known  in  the  re 
moval  of  all  obstacles  here  and  there,  in  the  preparation  of  the  workmen  and 
the  work ;  and  I  earnestly  hope  that  guided  by  happier  influences  than  seem 
now  to  pervade  the  country,  the  pulpit,  the  press,  the  people  of  the  North  and 
the  South  may  give  their  thoughts  and  efforts  to  this  subject  in  the  spirit  of 
Him  whose  mission  to  our  earth  was  heralded  by  the  proclamation  of  peace 
and  good-will. 

With  great  regard,  yours, 

R.  F.  STOCKTON. 


ADDRESS 

Delivered  at  Elizabethtown,  July  4,  1851. 


FELLOW-CITIZENS  : — 

For  the  honour  you  have  done  me  I  tender  you  my  most  cordial  thanks.  If 
I  could  have  foreseen  the  imposing  ceremonies  of  this  morning,  I  should  have 
thought  it  wise  and  prudent,  had  time  permitted,  to  have  prepared  a  written 
address  for  this  occasion.  As  it  is,  all  that  is  left  to  me  is  to  do  the  best  I  can, 
and  to  wish  that  you  may  meet  with  no  disappointment  to-day.  You  have 
known  me,  more  or  less,  from  my  youth  up.  You  have  known  that  my  life  has 
been  rather  a  life  of  action  than  of  words ;  that  I  have  not  been  educated  a 
speech-maker — that  I  am  no  orator — that  I  have  not  learned  the  art  of  seductive 
eloquence.  I  come  here  for  no  oratorical  display  or  effect.  I  come  to  address 
you  to-day,  because  you  invited  me  to  do  so,  and  because  I  was  ambitious  of 
the  honour  of  being  introduced  to  you.  It  was  but  a  few  days  since  that  I  re 
ceived  your  invitation,  and  I  was  more  willing  that  my  reputation  as  a  public 
speaker  should  suffer,  than  that  I  should  seem  to  be  indifferent  to  your  kindness. 
But,  fellow-citizens,  I  bring  with  me  that  which  will,  perhaps,  answer  my  pur 
pose  on  this  occasion  better  than  the  highest  order  of  eloquence  or  the  most 
elaborate  preparation.  I  bring  with  me  a  heart  full  of  devotion  to  my  country 
and  her  institutions.  I  bring  with  me  an  habitual  veneration  for  the  memory 
of  all  our  distinguished  patriots  who  have  contributed  so  largely  to  the  glory 
of  their  country  and  the  happiness  of  mankind ;  especially  for  those  good  and 
fearless  men  who,  appealing  to  God  for  the  purity  of  their  intentions,  declared 
the  Colonies  free  and  independent  of  British  rule ;  and  those  great  and  incom 
parable  statesmen  who  framed  the  Constitution  of  the  United  States,  and  bound 
the  States  in  one  Union  by  the  adamantine  chain  of  Constitutional  Law. 

On  the  4th  of  July,  1776,  the  Declaration  of  Independence  was  signed  by  our 
patriotic  forefathers,  and  delivered  into  the  hands  of  the  people,  for  the  benefit 
of  themselves  and  their  posterity,  to  the  remotest  generation ;  and,  as  Mr.  Adams 
predicted,  the  anniversary  of  that  day  has  been  ever  since  celebrated  by  bon 
fires,  firing  of  cannon,  public  orations,  and  all  other  manifestations  of  a  nation's 
triumph  and  a  nation's  joy. 

19 


80 


APPENDIX    E. 


Fellow-citizens,  that  was  no  small  thing  done  in  a  corner.  It  was  a  mighty 
work,  done  in  the  broad  light  of  day.  It  was  no  small  candle  hid  under  a 
bushel.  It  was  a  great  fire  built  on  the  top  of  the  mountain,  to  show  the  way 
that  the  great  Anglo-American  family  were  taking  to  God  and  Liberty.  It  has 
been  burning  brighter  and  brighter,  till  it  has  illumined  this  continent  from  the 
Atlantic  to  the  Pacific  Oceans,  and  I  hope  it  will  burn,  and  continue  to  burn 
brighter  and  brighter,  and  ascend  higher  and  higher,  until  it  lightens  up  the 
dark  cavern  of  Terra  del  Fuego,  and  redeems  even  the  Patagonian  wanderer  to 
liberty  and  civilization. 

I  congratulate  you,  fellow-citizens,  on  this  auspicious  day,  and  that  we  are 
permitted  once  more  to  celebrate  this  anniversary  under  the  broad  banner  of  the 
Union, — under  that  flag  whose  gorgeous  stripes,  with  its  mysterious  E  Pluribus 
Unum,  we  were  wont,  in  our  boyish  days,  to  hail  with  so  much  joy,  as  it  waved 
from  our  village  liberty-pole.  Yes,  that  flag,  planted  on  the  ramparts  of  liberty 
by  the  immortal  Washington,  and  drenched  with  the  blood  of  Mercer  at 
Princeton,  and  that  liberty-pole,  raised  by  our  fathers  and  consecrated  by  the 
prayers  of  our  mothers,  have  always  been,  in  my  mind,  one  and  inseparable. 
What  wonder  that  I  should  be  a  Union  man?  My  morning  matin  and  my 
evening  lullaby  were  tuned  to  the  praises  of  the  Union;  and  I  have  lived  for 
the  Union,  the  whole  Union,  and  nothing  but  the  Union.  I  can  remember  no 
thing  before  the  Union,  and  I  'desire  to  know  nothing  and  to  remember  nothing 
after  it  shall  be  dissolved.  May  the  great  arbiter  of  nations — He  who  guided 
the  adventurous  footsteps  of  our  pilgrim  fathers  to  these  shores,  and  who  has 
since  watched  over  the  preservation  and  glory  of  the  Republic — continue  us  a 
united  people,  henceforth  and  forever. 

Our  lot  has  been  cast  in  pleasant  places,  but  we  have  fallen  upon  evil  times. 
At  the  North,  a  fanaticism,  the  wildest  and  most  indefensible  that  ever  swayed 
the  passions  of  men,  is  at  work  to  strike  down  all  that  is  valuable  upon  earth 
of  human  liberty,  in  the  vain  and  delusive  expectation  of  reconstructing  upon 
its  ruins  some  Utopian  system  of  beatific  bliss  and  of  the  equality  of  the  white 
and  black  races  of  men.  At  the  South,  the  watch-fires  of  the  Revolution  have 
been  rekindled  in  the  preparation  for  the  defence  of  their  homes  and  firesides. 
Groaning  under  the  pressure  of  apprehended  wrongs,  and  writhing  under  the 
lash  of  constant  and  reiterated  insults,  .the  men  of  the  South  are  preparing  for 
Avar,  in  the  hope  of  redressing  their  wrongs  and  avenging  their  insults  by  an 
appeal  to  the  sword.  Every  north  wind  goes  southward  freighted  with  libels 
and  insults,  and  every  southern  breeze  bears  on  its  wings  notes  of  defiance  and 
revenge.  Thus  two  great  principles,  never  before  in  the  history  of  our  race  re 
conciled  or  appeased  but  by  blood,  stand  in  hostile  array  to  each  other.  Yet 
there  are  those  who  say  that  there  is  no  danger  of  a  conflict — no  danger  to  the 
safety  of  the  Union.  With  the  thunders  of  secession  roaring  along  the  South 
ern  coast  and  the  billows  of  insurrection  breaking  on  the  Northern  shores, — 
sure  presages  of  a  storm, — they  tell  us  there  is  no  danger  to  the  ship  of  State, 
that  the  sky  is  clear  and  the  sea  is  smooth.  But,  fellow-citizens,  be  not  lulled 
into  fatal  security  by  these  siren  voices.  Take  heed;  be  warned,  by  the  roaring 
thunder  and  the  forked  lightning,  that  this  may  be  the  calm  which  precedes  the 
tornado — the  smooth  and  deceitful  surface  on  the  edge  of  the  cataract. 

It  must  be  admitted  on  all  hands  that  there  is  great  excitement  among  our 
people  in  regard  to  public  affairs,  not  unmixed  with  a  degree  of  apprehension 
respecting  the  safety  of  the  Union.  In  the  violence  of  party  and  sectional 
strife,  there  seems  to  be  a  confusion  of  ideas  in  regard  to  the  motives  and 
objects  which  induced  our  forefathers  to  seek  an  asylum  on  these  western  shores, 
and  in  regard  to  the  principles  which  they  avowed  when  they  first  established 
the  government,  and  none  the  less  in  relation  to  the  teachings  of  the  Constitu 
tion.  Instead  of  detaining  ycu  by  a  recital  of  the  early  history  of  the  country, 
— the  events  of  the  Revolution,  and  the  heroic  achievements  of  the  actors  in  that 
great  drama  of  human  effort,  with  which  you  are  all  familiar, — I  will  ask  your 
attention  to  some  of  the  principles  upon  which  our  political  system  has  been 
constructed. 

Our  forefathers  left  Europe  to  seek  a  home  on  this  continent,  to  avoid  religious 


APPENDIX   E.  81 

persecution  and  despotic  power,  and  to  establish  freedom  of  religion  and  civil 
liberty.  It  is  a  very  important  as  well  as  an  interesting  fact,  that,  when  the 
first  colonists  landed  from  the  Mayflower,  they  had  prepared  a  constitution  for 
their  government.  The  sufferings  and  hardships  arising  from  the  climate,  and 
the  want  of  necessary  supplies,  were  not  the  only  difficulties  with  which  our 
fathers  had  to  contend;  but  those  which  grew  out  of  their  contact  with  the  abo 
rigines  of  the  country  were  more  hazardous  and  distressing.  I  will  not  dwell 
upon  the  conflicts  between,  the  white  and  the  red  man.  The  story  of  the  Indian 
is  too  sad  and  too  well  known  to  make  it  necessary  or  agreeable  to  dwell  on  the 
subject.  But  I  must  remind  }rou  that  that  race  is  fast  wasting  away  before  the 
march  of  civilization.  I  do  this  merely  for  the  purpose  of  illustrating  this  prin 
ciple,  namely: — That  the  advancement  of  civil  and  religious  liberty  is  so  import 
ant  to  the  happiness  of  the  human  race,  that  no  considerations  connected  with 
the  temporary  misfortunes  of  any  portion  of  the  human  family  can  be  per 
mitted  to  interfere  with  its  progress. 

No  one  can  read  the  history  of  the  Indian  and  fail  to  see  that  amalgamation 
with  the  white  race  was  utterly  impracticable,  and  that  the  only  question  seemed 
to  be,  which  of  the  two  races  should  suffer  most  in  the  approaching  conflict. 
The  result  is  known ;  and  while  we  may  shed  a  tear  of  sorrow  at  the  sufferings 
of  the  Indian,  or  on  the  ashes  of  his  wigwam,  we  may  at  the  same  time  thank 
our  God  that  he  has  thus  made  us  the  instruments  to  forward  his  purposes 
towards  our  race. 

It  must  be  remembered  that  the  history  of  the  Indian  is  not  the  only  record 
of  human  sufferings  in  the  cause  of  civil  and  religious  liberty.  Look  back  on 
its  pathway :  see  it  marked  with  national  and  individual  sufferings,  and  many 
costly  sacrifices ;  see  it  covered  with  blood  mingled  with  lamentation  and  wo. 
But  who  will  gainsay  it?  It  is  the  fiat  of  omnipotent  power,  goodness,  and 
truth,  before  whom  every  knee  must  bow  and  every  tongue  be  silent. 

I  will  not  detain  you  by  noticing  any  of  the  occurrences  of  the  intermediate 
time,  but  will  hasten  on  to  that  period  when  our  fathers  felt  themselves  strong 
enough  to  assert  their  right  to  all  those  privileges  of  free  and  independent  men 
._  which  by  a  common  heritage  they  had  derived  from  their  ancestors,  and  when 
they  published  to  the  world  that  declaration  of  their  principles  which  you  have 
just  heard  read.  That  declaration  contains  these  great  principles : — 1st.  That 
all  civil  government  is  of  divine  origin.  2d.  That  every  nation  or  community 
which  have  united  for  mutual  protection,  and  for  the  pursuit  of  happiness,  have 
an  inalienable  right  to  make  laws  for  their  own  government.  3d.  That  every 
nation  has  a  right  to  alter  or  amend  those  laws  whenever  they  may  see  fit  to  do 
so.  These  appear  to  me  to  be  the  great  principles  of  our  Declaration  of  Inde 
pendence.  Now,  in  violation  of  every  rule  of  fair  criticism,  there  are  persons 
who  say  that  the  practice  of  our  government  is  inconsistent  with  the  principles 
of  the  Declaration,  because,  while  that  instrument  proclaims  that  all  men  are 
born  free  and  equal,  we  keep  in  bondage  a  portion  of  the  human  family.  It  is 
an  error  to  say  that  the  general  expression  of  a  sentiment  contained  in  an  instru 
ment  of  that  kind  is  to  control  the  sense  of  that  instrument.  It  must  be  taken 
-as  a  whole,  and  any  single  or  isolated  passage  must  be  construed  by  the  obvious 
intent  and  meaning  of  the  instrument  itself.  It  is  quite  obvious  that  the  gene 
ral  expression  alluded  to  is  applicable  only  to  men  in  their  national  and  not  in 
their  individual  character;  because  any  other  construction  would  be  opposed 
to  all  our  knowledge  of  human  affairs,  as  well  as  to  the  universal  common  sense 
of  mankind. 

In  the  formation  of  our  government  the  pre-existing  institution  of  domestic 
servitude  was  recognised  as  lawful.  When  the  Constitution  of  the  United  States 
was  framed,  we  are  informed  that  the  convention  was  sitting  in  Philadelphia  at 
the  same  time  that  the  Congress  of  the  Confederation  was  in  session  in  New 
York.  In  some  cases  the  same  person  was  a  member  of  both  bodies;  their  pro 
ceedings  were  known  to  each  other,  and  the  same  questions  were  in  several 
instances  simultaneously  discussed :  and  the  question  of  slavery  was  then,  as  it 
is  now,  an  exciting  and  absorbing  subject.  During  the  sittings  of  these  respect- 
I  ive  bodies  the  ordinance  of  1787,  interdicting  slavery  in  the  Northwest  Territory, 


82  APPENDIX    E. 

was  passed,  and  with  the  full  knowledge  of  the  Constitutional  Convention. 
With  these  historical  facts,  it  is  inconceivable  that  the  framers  of  the  Consti 
tution  should  not  have  well  considered  the  ordinance  referred  to,  or  that  its 
provisions  could  have  been  omitted  from  the  Constitution  by  inadvertence.  But, 
on  the  contrary,  it  is  manifest  that  the  framers  of  the  Constitution  refused  to 
insert  it,  preferring  to  leave  all  the  consequences  of  slavery,  whether  for  good 
or  for  evil,  exclusively  with  the  States  who  saw  fit  to  tolerate  the  institution. 
It  was  known,  of  course,  not  only  by  the  Convention  which  formed  the  Consti 
tution,  but  by  the  people  who  adopted  it,  that  when  it  went  into  operation  it 
became  the  supreme  law  of  the  land,  not  to  be  controlled  by  the  feelings  of 
individuals,  or  by  any  act  of  the  Congress  of  the  Confederation.  The  ordinance 
of  '87,  so  far  as  it  respects  slavery,  was  virtually  abrogated  by  the  adoption  of 
the  Constitution,  because  there  is  no  authority  conferred  by  that  instrument  on 
Congress  to  re-enact  it.  I  need  hardly  add  that  I  am,  therefore,  opposed  to 
the  Wilmot  Proviso,  and  all  kindred  measures. 

In  a  letter  written  by  me  last  fall,  declining  to  enter  the  arena  of  competition 
with  others  as  a  candidate  for  the  post  of  senator,  I  expressed  very  naturally  a 
hope  that,  whoever  might  be  selected,  he  would  be  a  man  pledged  to  the  Union 
and  to  the  execution  of  the  laws.  The  expression  of  that  sentiment  has  pro 
voked  the  most  angry,  bitter,  and  unrelenting  denunciation.  I  have  not  been 
convinced,  however,  by  any  thing  which  has  been  said  on  the  subject,  that  the 
sentiment  then  avowed  was  improper  or  not  justified  by  the  existing  state  of 
things.  I  will  here  repeat  that  I  go  for  the  Union,  the  whole  Union,  and  nothing 
but  the  Union,  and  the  compromises  of  the  Constitution  at  all  hazards,  at  all 
sacrifices,  and  in  defiance  of  all  consequences. 

I  am  not,  fellow-citizens,  in  the  habit  of  using  equivocal  language  or  ambigu 
ous  inuendoes.  I  say  now  that  I  not  only  considered  the  Union  in  jeopardy 
then,  but  that  I  am  of  opinion  that  it  continues  to  be  manaced  by  dangers  immi 
nent  and  formidable,  and  that  I  entertain  no  doubt  that,  unless  the  aggression 
of  the  Northern  and  Eastern  agitators  be  arrested  by  the  controlling  power  of 
public  opinion  and  authority,  a  dissolution  of  the  Union  is  still  probable,  to  say 
the  least.  How  can  it  be  otherwise,  if  the  country  continues  to  be  infected  by 
intestine  factions,  whose  criminations  and  recriminations  shall  drive  its  people 
to  a  mutual  hatred,  only  to  be  appeased  by  blood? 

Fellow-citizens,  I  dislike  much  to  speak  of  the  dissolution  of  the  Union.     I 
loathe  the  term.     But  it  may  come  despite  of  all  our  efforts  to  avert  it.     There 
fore  it  may  be  proper  for  me  to  say  a  word  or  two  in  anticipation  of  such  a 
result,  and  for  the  purpose  of  turning  the  attention  of  my  fellow-citizens  to  the 
course  which  New  Jersey  should  take  under  consideration.     For  one,  if  such  a 
calamity  should  occur,  I  hope  that  New  Jersey,  following  the  dictates  of  duty 
as  well  as  interest,  will  unite  for  better  or  for  worse  with  those  who  are  willing 
to  abide  by  and  respect  the  comp.acts  of  the  Constitution.     You  may  depend 
upon  it,  that  no  reliance  is  to  be  placed  upon  the  faith  of  those  who  refuse  to 
acknowledge  the  obligation  of  the  common  compact  of  the  present  Union.     If  a 
dissolution  of  the  Union  is  inevitable,  then  I  would  prefer  that  the  lines  of  sepa 
ration  should  be  drawn  along  the  Hudson  and  the  Lakes,  rather  than  the  Poto.-; 
mac  and  the  Ohio.     I  have  no  doubt  that  in  such  an  event  the  Northwestern 
States   would   unite   with   New  Jersey,    Pennsylvania,  and   the    South.     The 
South   is  their  common   customer;    there   is   their   market.     The   republic   so 
constituted  would  have   no  natural  repugnance  to  the   spread  of  civilization 
and  reformed  religion  over  that  portion  of  the  continent  which  seems  now 
to  be  but  imperfectly  subjected  to  their  influence.    Great  Britain,  while  we  were 
yet  colonies,  attempted  to  limit  our  settlements  to  the  Alleghanies — a  vain  andl 
fruitless  attempt;  and  any  similar  policy  now  would  be  equally  vain.     Already' 
has   the   Anglo-Saxon   avalanche  descended   the   western  slope  of  the  Kocky  ' 
Mountains  to  the  Pacific  shores.     Hitherto  the  impulse  has  been  westward,  and}! 
westward  chiefly  has  been  the  march  of  empire,  until  at  last  it  has  met  resist-  * 
ance  in  one  of  those  vast  oceans  which  cover  so  large  an  area  of  the  globe.     He-  | 
bounding  from  the  contact,  it  will  and  must  naturally  soon  take  another  andl 
more  southern  direction. 


APPENDIX    E.  83 

I  am  only  stating  what  I  consider  the  law  which  governs  the  progress  of  the 
Anglo-Saxon  race.  I  will  not  attempt  to  impeach  or  defend  what  I  believe  to 
be  the  inevitable  destiny  of  my  country  and  my  race.  But  I  am  under  no 
obligation  to  shut  my  eyes  on  the  vista  through  which  it  reveals  itself.  I  am 
satisfied  with  the  limits,  the  grandeur,  the  capabilities,  of  my  country.  I  justify 
no  wars  of  aggression,  no  inordinate  and  lawless  desire  for  extension  of  terri 
tory,  no  infraction  of  treaty-stipulations,  no  violation  of  the  laws  of  nations  or 
the  rights  of  man  to  aggrandize  the  Republic.  "With  her  present  boundaries 
and  the  certain  growth  and  development  of  her  resources,  I  feel  assured  that 
my  country,  if  she  remains  united  in  all  her  integral  parts,  will,  within  fifty 
years,  acquire  more  wealth  and  power  than  any  sovereign  potentate  or  dominion 
which  now  sways  or  ever  before  swayed  any  portion  of  the  destiny  of  mankind. 
Nevertheless,  I  am  unwilling  to  say  to  my  countrymen  that  you  shall  go  no 
farther  East  or  West,  or  North  or  South.  I  am  unwilling  that  the  Anglo- 
American  race  shall  perpetually  recoil  from  any  given  boundary,  and  that  any 
portion  of  this  continent  not  now  in  their  possession  shall  forever  be  impenetra 
ble  to  their  civilization,  enterprise,  and  industry.  Any  such  exercise  of  authority 
would  be  as  ineffectual  as  that  of  the  Danish  monarch  over  the  Atlantic  tides. 
Faithfully  let  us  perform  all  our  treaty  stipulations  with  our  neighbours,  punish 
marauders  and  lawless  adventurers  who  within  our  borders  marshal  forces  in 
hostile  array  against  a  friendly  power.  But  let  us  not  attempt  to  prevent  the 
peaceable  progress  of  our  countrymen  over  a  continent  which  Providence  seems 
to  have  designed  for  their  occupation  and  civilization. 

The  position  which  would  practically  limit  the  Republic  at  the  South,  assumed 
by  a  great  Northern  statesman,  for  whom  I  have  the  most  profound  regard,  and 
whose  virtues  and  patriotism  are  better  known  to  no  one  than  myself,  I  cannot 
approve.  That  position  is  assumed  under  the  plausible  idea  of  limiting  the 
area  of  slavery.  The  assumption  that  would  not  permit  the  admission  of  a  State 
into  the  Union,  with'out  a  restriction  on  slavery,  is  an  aggression  on  the  South 
which  finds  no  warrant  in  the  Constitution.  We  have  as  much  right  to  say  that 
the  population  of  a  State  shall  be  all  Protestants  or  all  Catholics,  as  to  prescribe 
the  kind  of  labour  to  be  employed  by  its  people.  We  have  as  much  right  to 
force  slavery  upon  a  State  as  to  interdict  it.  If  the  South  shall  obtain  a 
majority  in  Congress,  they  would  have  as  much  right  to  introduce  slavery  into 
the  free  States,  as  the  North  have  to  force  the  Wilmot  Proviso  upon  new  States. 
There  is  no  such  power  in  the  Constitution.  That  incomparable  production  of 
human  wisdom  nowhere  gives  authority  to  Congress  to  prescribe  to  an  emigrant, 
going  to  the  public  lands,  what  kind  of  property  he  shall  take  with  him  or 
what  kind  of  property  he  shall  not  take  with  him.  The  attempts  to  exercise 
any  such  authority  can  only  be  made  in  virtue  of  a  latitudinarian  construction 
of  the  Constitution,  which  would  invest  the  General  Government  with  unlimited 
powers.  The  paramount  duty  of  the  small  States  consists  in  restraining  the 
General  Government  within  its  delegated  limits;  because,  as  soon  as  the  National 
Government  refuses  to  recognise  the  obligations  of  the  Constitution,  the  small 
States  will  only  hold  their  sovereignties  by  the  sufferance  of  their  neighbours. 

For  these  reasons,  and  others,  I  deny  that  the  Government,  or  Congress,  or 
the  North,  have  any  right  to  say  that  a  State  asking  to  be  admitted  into  the 
Union  shall  be  refused  admission  unless  she  discards  from  her  borders  a  por 
tion  of  the  property  of  fifteen  sister  States.  I  have  no  fears  of  the  increase  of 
the  slave  States  over  the  free  States,  no  matter  what  their  latitude  or  multiplica 
tion  may  be.  I  have  heretofore  indicated  what  I  believe  to  be  the  destiny  of 
the  African  race.  Whether  I  am  right  in  these  views  or  not,  or  whether  the 
evils  of  slavery  are  such  as  the  abolitionists  represent  them  to  be,  no  considera 
tions  connected  with  those  evils,  nor  any  growing  out  of  the  balance  of  power, 
will  warrant  a  violation  of  the  compacts  of  the  Constitution.  The  Constitution 
is  neutral  on  the  subject  of  slavery.  To  make  it  aggressive  or  defensive  is  to 
violate  it.  The  Union  can  only  be  preserved  by  a  strict  adherence  to  the  Con 
stitution.  If  that  be  violated,  the  bonds  of  the  Union  are  broken,  and  the 
aggrieved  parties  will  seek  redress  and  compensation  without  regard  to  ijs 
obligations. 


84  APPENDIX    E. 

In  conclusion,  fellow-citizens,  I  will  express  the  hope  that  wise  and  beneficent 
councils  may  everywhere  prevail — that  wild  fanaticism  may  be  arrested  in  its 
mad  career — that 'its  folly  may  be  made  manifest  to  all  men — and  that  in  all 
coming  time  the  stripes  and  stars  our  patriot  fathers  followed  to  victory  or  death 
may  wave,  as  they  wave  to-day,  over  a  united  people. 


Speech  of  Mr.  Stockton,  of  New  Jersey,  on  flogging  in  the  Navy. 

DELIVERED  IN  THE  SENATE  OF  THE  UNITED  STATES,  JANUARY  7,  1852. 

THE  memorial  in  relation  to  flogging  in  the  Navy  being  before  the  Senate,  Mr. 
Stockton  said: — 

Mr.  PRESIDENT: — The  subject  of  this  memorial,  in  my  judgment,  is  equal  in 
importance  to  any  which  is  likely  to  occupy  the  attention  of  Congress.  It  was 
therefore,  sir,  that  I  asked  the  Senate,  on  its  first  presentation,  to  permit  it  to 
lie  on  the  table  for  a  few  days,  that  I  might  have  an  opportunity  to  examine  it. 
At  the  same  time  I  promised  the  Senate,  when  it  next  came  up,  that  I  would 
express  my  views  in  relation  to  it.  It  is  my  purpose  now  to  redeem  that 
promise. 

The  memorial  upon  the  table  presents  for  the  consideration  of  the  Senate  no 
thing  less  than  the  whole  foundation  of  our  naval  structure, — the  human 
material  by  which  your  ships  are  worked  and  fought,  your  guns  levelled  and 
their  thunders  pointed  at  your  foes.  Good  ships,  well  built,  well  rigged,  and 
fully  equipped,  are  magnificent  and  perfect  specimens  of  human  science  and  art. 
But  unless  they  are  manned  by  good  men  they  will  sail  only  to  become  prizes 
to  your  enemies.  If  you  do  not  desire  to  build  ships  for  'your  enemies,  you 
must  give  them  crews  worthy  to  defend  them.  Sir,  the  difference  between 
sailors  is  as  great  as  the  difference  between  other  classes  of  different  nations. 
There  is  as  much  difference  between  the  American  sailor  in  our  whaling  and 
coasting  service  and  the  sailors  of  other  nations,  as  there  is  between  the  raw 
European  emigrant  and  the  sturdy  son  of  one  of  our  frontier  pioneers.  The 
emigrant  will,  in  some  cases,  almost  starve,  while  the  pioneer  is  building  his  log- 
house,  enclosing  his  corn-field,  and  making  himself  an  independent  and  useful 
man. 

I  am  of  opinion  that  the  nation  whose  service  is  supplied  with  the  best  com 
mon  sailors  will  excel  in  naval  warfare,  as  well  as  in  all  maritime  pursuits.  I 
am  further  of  opinion  that  in  versatility,  education,  courage,  and  industry,  our 
sailors  in  the  whaling  and  coasting  service  excel  those  of  all  other  nations.  I 
am  furthermore  of  opinion  that  the  superiority  of  the  American  sailor  has 
decided  the  battle  in  our  favour  in  many  a  bloody  conflict,  when,  without  that 
superiority,  it  might  have  been  otherwise.  I  desire  to  secure  and  preserve  that 
superiority.  To  that  end,  and  for  humanity's  sake,  I  am  utterly  and  irrecon 
cilably  opposed  to  the  use  of  the  lash  in  the  navy,  or  anywhere  else.  The 
longest,  the  most  arduous  voyages  are  made  in  the  merchant  service  without  the 
use  of  the  lash.  In  the  Polar  seas — among  the  icebergs  of  the  Arctic  and  Ant 
arctic  Oceans — the  intrepid  New  Englander  pursues  his  gigantic  game  and  hurls 
his  harpoon,  and,  after  a  three  years'  voyage,  returns  with  the  oily  spoils  of  his 
adventurous  navigation.  But  he  owes  none  of  his  success,  his  patient  endu 
rance,  his  exemplary  discipline,  and  his  indefatigable  industry,  to  the  guardian 
ministrations  of  the  lash.  To  say  that  men  who  can  make  such  voyages,  and 
endure  such  hardships  cheerfully  and  contentedly,  cannot  navigate  their  own 
national  ships  without  the  infliction  of  the  infamous  lash,  is  a  libel.  Is  their 
nature  changed  the  moment  they  step  on  the  deck  of  a  national  vessel?  Are 
they  less  men — less  Americans — as  soon  as  the  custody  of  the  American  flag 
or  the  national  honour  is  intrusted  to  their  keeping?  No,  sir;  it  is  a  libel  I 
do  not  mean  to  use  the  word  in  an  offensive  sense,  nor  shall  I  to-day  use  any 
word  in  that  sense.  It  is  one  of  those  inconsiderate,  thoughtless  opinions,  which 


APPENDIX    E.  85 

mankind  seem  to  think  they  have  a  perfect  right  to  express  in  regard  to  sailors. 
It  was  not  long  since,  sir,  that  I  had  a  conversation  on  this  subject  with  a  gen 
tleman  who  had  for  several  years  commanded  a  fine  ship  in  the  merchant  service, 
but  who  is  now  an  honourable,  active,  and  efficient  man  of  business  in  one  of 
our  large  cities,  and  to  whose  integrity,  generosity,  and  humanity,  I  would  in 
trust  anybody  but  a  sailor.  After  he  had  heard  my  views  on  this  subject,  he 
instantly  replied,  "Why,  you  mean  to  treat  them  like  human  beings!"  The 
theory  that  the  navy  cannot  be  governed  and  that  our  national  ships  cannot  be 
navigated  without  the  use  of  the  lash,  seems  to  me  to  be  founded  in  that  false 
idea  that  sailors  are  not  men — not  American  citizens — have  not  the  common 
feelings,  sympathies,  and  honourable  impulses,  of  our  Anglo-American  race. 

I  do  not  wonder,  when  I  look  back  on  the  past  history  of  the  sailor,  at  the 
prevalence  of  this  idea.  His  life  has  been  a  life  of  habitual — I  will  not  say  of 
systematic — degradation.  The  officers  who  command  him — the  oldest,  the 
bravest,  and  the  best — have  been  accustomed  from  their  boyhood  to  see  the 
sailor  lashed  about  the  ship's  deck  like  a  brute.  lie  who  by  the  laws  of  the 
service  in  which  he  is  engaged  is  treated,  or  liable  to  be  treated,  like  a  brute, 
soon  comes  to  be  thought  of  as  at  least  but  little  better  than  a  brute.  Who  in 
social  life  respects  a  man  whose  back  has  been  scarred  at  the  whipping-post? 
Into  what  depth  of  contempt  does  such  punishment  sink  its  victim?  And  here 
is  one  of  the  worst  evils  of  the  system.  It  destroys  those  feelings  of  respect 
and  kindness  which  officers  ought  to  entertain  for  the  sailors  under  their  com 
mand.  But  this  is  only  one  of  the  worst  evils  of  the  system.  It  destroys  those 
feelings  of  regard  and  respect  which  the  sailors  should  entertain  for  their  officers. 
The  truth  is,  there  are  no  relations  of  affection  and  regard  between  them.  The 
one  is  the  oppressor,  and  the  other  the  oppressed.  Sir,  a  man  may  fear  or  hate  ; 
but  he  neither  loves  nor  respects  his  tyrant.  The  worst  government  upon  earth 
is  that  of  fear ;  the  best,  that  of  love  and  affection.  These  sentiments,  by  a 
law  of  our  nature,  must  be  mutual  sentiments.  Bonaparte  was  the  idol  of  the 
soldier,  because  the  soldier  was  his  idol.  They  loved  him  because  they  supposed 
he  loved  them.  There  is  nothing  that  gallant  and  brave  men  will  not  do  and 
suffer  for  a  commander  whom  they  love.  Difficulties  and  dangers  and  death 
have  no  terrors  for  such  men.  In  great  battles,  where  the  contest  has  been 
doubtful,  those  soldiers  have  always  fought  most  desperately  whose  devotion  to 
their  commander  was  the  greatest.  It  has  always  been  considered  as  an  essen 
tial  element  in  the  character  of  a  successful  commander,  that  he  should  be  able 
to  excite  and  encourage  the  confidence  and  affection  of  the  men  under  his  com 
mand.  But  what  confidence  or  regard  can  be  expected  under  the  government 
of  the  lash?  But  more  than  this:  this  punishment  destroys  the  sailor's  own 
self-respect.  What  has  honour — what  has  pride — what  has  patriotism — to  do 
with  a  man  who  may  be,  at  the  caprice  of  another,  subjected  to  an  infamous 
punishment,  worse — ay,  sir,  in  some  cases  worse  a  thousand  times — than  death? 
Can  nobleness  of  sentiment,  or  an  honourable  pride  of  character,  dwell  with 
one  whose  every  muscle  has  been  made  to  quiver  under  the  lash?  Can  he  long 
continue  to  love  his  country,  whose  laws  degrade  him  to  the  level  of  a  brute? 
The  infamous  "question"  of  torture  now  only  remains  as  a  blot  on  the  page  of 
Anglo-Saxon  history.  The  whipping-post,  where  the  worst  vagrants  used  to 
expiate  their  offences,  has  been  discarded  from  society.  The  worst  offences  in 
our  State  prisons  are  no  longer  punished  by  the  lash.  Why  is  all  this?  Why 
are  those  punishments  now  condemned  as  the  shameful  relics  of  a  barbarous 
age?  It  is  because  the  light  of  a  better  day  has  dawned.  It  is  because  the 
precepts  of  the  gospel  of  Christianity  have  ameliorated  our  laws.  It  is  because 
society  has  made  the  discovery  that  if  a  man  is  fit  to  live  at  all  he  ought  not  to 
be  divested  of  all  the  qualities  which  make  a  man,  by  the  infamous  mutilation 
of  his  body.  What  is  the  answer  which  is  given  to  all  this  by  those  who  seek 
to  restore  this  relic  of  barbarism  to  the  navy?  Why,  they  tell  us,  We  intend 
only  to  apply  this  system  of  punishment  to  seamen — we  intend  only  to  flog 
sailors.  That  is  quite  true.  It  is  only  sailors  who  are  to  be  treated  like  brutes 
— ay,  sir,  worse  than  brutes.  No  man  who  hears  me  would  permit  his  dog  to 
be  thus  treated.  There  is  no  spot  on  the  habitable  globe  known  to  me,  where  a. 


86  APPENDIX    E. 

man  would  be  permitted  to  seize  up  his  dog,  and  lash  him  until  he  cut  the  flesh 
from  his  ribs  and  the  blood  should  be  made  to  run  doAvn  from  his  backbone  to 
his  heels.  But,  sir,  it  is  only  the  sailor  for  whom  this  punishment  is  to  be 
reserved. 

Who,  0  senators !  is  the  American  sailor,  that  he  is  to  be  treated  worse 
than  a  dog?  He  has  been  my  companion  for  more  than  a  quarter  of  a  century 
— through  calm  and  storm,  privations,  sufferings,  and  danger.  In  peace  and  in 
war  I  have  lived  with  him,  and  fought  with  him  side  by  side  by  sea  and  land. 
I  have  seen  him  in  the  Northern  Ocean,  where  there  was  no  night  to  veil  his 
deeds.  I  have  seen  him  on  the  coast  of  Africa,  surrounded  by  pestilential  dis 
ease.  I  have  seen  him  among  the  West  India  Islands  in  chase  of  pirates,  with 
his  parched  tongue  hanging  almost  out  of  his  mouth.  I  have  encamped  with 
him  on  the  California  mountains — and  on  the  plains  of  the  Mesa  have  seen 
the  rays  of  the  morning  sun  play  on  his  carbine  and  his  boarding-pike.  I  have 
seen  him  march  one  hundred  and  fifty  miles  through  an  enemy's  country,  over 
mountains  and  through  rivers,  with  no  shoes  on  but  those  of  canvas,  made  by 
his  own  hands,  and  with  no  provision  but  what  he  took  from  the  enemy.  I 
have  seen  his  feet  scarified  by  the  projecting  rocks,  as  he  hauled  his  cannon 
over  the  hills.  I  have  seen  him  plunge  into  the  Rio  San  Gabriel,  and  drag  his 
guns  after  him  in  the  face  of  a  galling  fire  from  a  desperate  foe.  And,  finally,  I 
have  lain  beside  him  on  the  cold  ground,  when  the  ice  has  formed  on  his  beard. 
Sir,  his  heart  has  beat  close  to  my  own.  I  ought  to  know  him.  I  do  know 
him.  And  this  day — now,  before  the  assembled  Senate  of  the  Republic — I  stand 
up  to  speak  in  his  behalf.  I  hope  he  will  find  an  abler  advocate.  Nay,  I  am 
sure  he  will  find  abler  advocates  on  this  floor.  But,  nevertheless,  hear  me. 

Mr.  President,  the  American  sailors,  as  a  class,  have  loved  their  country  as 
well,  and  have  done  more  for  her  in  peace  and  war,  than  any  other  equal  num 
ber  of  citizens.  Passing  by  for  a  moment  their  antecedent  glorious  achieve 
ments,  let  me  remind  you  that  he  has  recently  gained  for  his  country  an  empire. 
Through  perils  by  laud  and  perils  by  water  he  has  gained  a  golden  empire, 
which  has  added  to  his  country's  renown  and  greatness,  and  perhaps  saved  his 
fellow-citizens  from  almost  universal  bankruptcy  and  ruin.  And  what  has  his 
country  done  for  him?  When  the  fighting  was  over,  the  battles  won,  the  con 
quest  achieved,  you  sent  a  band  of  Mormons  to  California  to  drive  him  to  his 
ship  and  rob  him  of  his  glory, — and  historians,  too,  to  prove  once  more  that 
history  is  a  lie.  You  refused  to  give  him  "  bounty  lands,"  which  you.  gave  to 
the  soldier, — his  comrade  fighting  by  his  side;  and  you  have  neglected  to  give 
him  even  your  thanks.  And  now,  to  cap  the  climax  of  his  country's  ingrati 
tude,  these  memorialists  would  have  him  scourged.  They  would  scourge  him 
for  drunkenness,  when  they  put  the  bottle  to  his  mouth.  They  would  scourge 
him  for  inattention  to  his  duty,  when  injustice  and  wrong  have  made  him  for 
an  instant  discontented  and  sullen.  Shame  !  Shame  !  You  would  scourge  him 
while  living,  and  when  dead  consign  him  to  a  felon's  grave.  That  I  may  not 
be  supposed  to  have  drawn  upon  my  fancy,  or  to  have  exaggerated  his  country's 
inhumanity,  I  ask  the  Secretary  of  the  Senate  to  read  these  documents. 

The  Secretary  read  them,  as  follows : — 

"  To  the  Honourable,  the  Senate  and  House  of  Representatives  in  Congress  assembled: 

"  The  undersigned,  President  and  Trustees  of  the  Boston  Marine  Society,  of 
the  city  of  Boston,  in  the  State  of  Massachusetts,  beg  leave  to  represent  to 
your  honourable  bodies  that,  having  had  their  attention  for  many  years  directed 
to  the  condition  of  seamen,  abroad 'and  at  home,  they  have  been  much  impressed 
with  the  fact  of  the  sufferings  of  this  valuable  class  of  our  citizens  by  sickness 
and  accidents,  and  from  poverty  arising  from  these  circumstances,  connected 
with  their  proverbial  improvidence  for  the  future,  with  their  pecuniary  means. 

"  The  benefits  of  medical  aid  and  comfort  in  foreign  ports  enjoyed  by  others 
are  hardly  ever  obtained  by  them,  and,  in  consequence,  after  receiving  su-ch 
comforts  and  attentions  as  the  ships  they  are  attached  to  and  their  officers  can 
give,  they  are  frequently  brought  home  and  placed  in  our  marine  hospitals, 


APPENDIX   E.  87 

•where  no  seaman  can  remain  beyond  the  time  limited  by  the  laws  regulating 
those  institutions. 

"It  is  very  often  the  case  that  they  are  dismissed  from  these  hospitals  when 
not  sufficiently  restored  to  render  them  fit  for  their  active  service,  and,  in  conse 
quence,  they  become  paupers  or  tenants  of  public  almshouses,  though  most  of 
them  would  rather  die  than  suffer  this  degradation. 

"  It  is  well  known  to  all  observant  of  seamen,  that  they  are  always  ready  to 
answer  the  call  for  their  services,  whether  it  be  in  the  service  of  the  naval  or  of 
the  mercantile  marine — as  ready  to  fight  with  valour  for  their  country  as  to  aid 
in  its  commerce ;  and  so  true  is  this,  that  very  few  seamen  advanced  in  years 
can  l)e  found  who  have  not  served  in  both  our  public  and  private  ships. 

"  Your  attention  is  respectfully  called  to  the  fact  that  there  is  at  this  moment 
in  the  public  treasury,  as  your  memorialists  have  been  informed,  money  to  the 
credit  of  seamen  who  have  been  attached  to  the  government  marine  and  to  the 
mercantile  marine,  amounting  to  more  than  a  million  of  dollars. 

"  This  large  amount  has  accrued  from  unclaimed  sums  due  to  deceased  seamen, 
from  unclaimed  prize-money  belonging  to  seamen  of  private  as  well  as  public 
armed  vessels,  and  to  the  contributions  made  by  all  seamen  of  twenty  cents  per 
month  in  the  name  of  hospital-money. 

"  In  view  of  these  facts,  your  memorialists  beg  leave  to  solicit  from  your  ho 
nourable  bodies  that  measures  may  be  taken  to  ascertain  the  amount  accumu 
lated  from  these  sources  in  the  United  States  Treasury,  and  that  therefrom 
suitable  provision  may  be  made  in  the  principal  seaports  in  the  United  States 
for  the  further  maintenance  of  seamen,  citizens  of  the  United  States,  who  are 
infirm  and  unfit  for  service,  from  sickness,  advanced  age,  or  any  other  cause. 
All  which  is  respectfully  submitted. 

"  PRESIDENT  AND  TRUSTEES,  B.  M.  S." 

"  Z.  RING,  ESQ. — DEAR  SIR: — I  herewith  furnish  you  with  the  information  de 
sired.     During  the  year  1850  there  were  one  hundred  and  six  deaths  of  seamen ; 
of  which  number  forty-five  were  buried  by  friends  ;  the  balance  (sixty-one)  were 
taken  by  the  Almshouse  to  Potters7  field ;  for  the  latter  class  the  Government 
allow  us  $5  each — (§3  for  coffin,  and  $2  for  ground.) 
"  Not  one  in  ten  have  money  to  provide  for  themselves. 
"  Very  respectfully, 

"  JOHN  L.  ROOME, 
"  Superintendent  of  the  City  Hospital,  N.  Y." 

POTTERS'  FIELD. — The  grand  jury  for  the  September  term  examined  two  hun 
dred  and  seventy-six  complaints,  and  found  one  hundred  and  thirty-three  bills 
of  indictment.  They  visited  the  various  public  institutions,  but  made  no  pre 
sentment.  Previous  to  being  discharged  by  the  court,  the  foreman,  Henry 
Erben,  Esq.,  at  the  request  of  the  grand  inquest,  stated  to  the  court  that  the 
jury  had  visited  Potters'  Field,  and  found  it  in  a  horrible  condition.  One  pit 
was  about  half-filled.  The  coffins  were  exposed  to  the  sun.  The  stench  from 
them  was  very  great.  They  directed  Mr.  Webb,  the  keeper,  to  come  before 
the  grand  jury  on  the  following  day.  On  the  19th  he  made  the  following  affi 
davit  : — 

"GRAND  JURY  ROOM,  September  19,  1851. 

"  William  O.  Webb,  being  duly  sworn,  saith,  that  he  is  the  keeper  of  Potters' 
Field  ;  that  the  ground  on  Randall's  Island,  used  for  a  burying-place,  is  not  at 
all  suited  for  it ;  that  it  is  full  of  rocks ;  pits  are  dug  for  the  dead,  where  they 
are  put  in  layers  of  six  deep.  The  bottom  of  the  pits  being  solid  rock,  when 
decomposition  takes  place,  the  liquid  not  being  able  to  go  in  the  ground,  passes 
through  the  top,  causing  a  horrible  stench,  which  can  be  smelled  for  more  than 
a  mile. 

"  There  is  no  earth  between  the  layers  of  coffins,  and  there  are  only  about 
eighteen  inches  of  earth  over  the  top  layer  of  coffins  ;  that  it  frequently  happens 
that  at  high  tides  and  heavy  rains  the  water  gets  into  the  pits,  so  that  the 


88  APPENDIX   E. 

coffins  arc  floating.  He  further  saith  that  in  less  than  three  weeks  there  will  be 
no  room  left  in  the  yard  to  bury  another  person.  He  also  states  that  the  south 
end  of  Ward's  Island  is  a  suitable  place  for  a  Potters'  Field,  the  soil  being  good 
and  free  from  rock. 

"  Sworn  this  19th  day  of  September,  1851. 

"  HENRY  ERBEN,  Foreman" 

Mr.  STOCKTON. — Mr.  President,  to  whom  in  time  of  peace  are  intrusted  the 
lives  of  the  thousands  who  traverse  the  ocean  ?  Whose  energy  and  skill,  and 
hardy,  self-denying  toil,  carry  the  products  of  your  soil  through  the  world,  and 
bring  back  the  rich  return  ?  It  is  the  American  sailor.  By  his  superior  quali 
ties  as  a  man,  he  has  enabled  you  to  rival  in  commerce  the  boasted  mistress  of 
the  ocean.  Where  is  the  coast  or  harbour  in  the  wide  world  accessible  to  hu 
man  enterprise  to  which  he  has  not  carried  your  flag  ?  His  berth  is  no  sine 
cure.  His  service  is  no  easy  service.  lie  is  necessarily  an  isolated  being  ;  he 
knows  no  comforts  of  home  and  wife  and  children.  He  reaps  no  golden  re 
wards  for  the  increase  of  treasure  which  he  brings  to  you.  When  on  shore,  he 
is  among  strangers  and  friendless.  When  worn  out,  he  is  scarcely  provided  for. 
Making  many  rich,  he  lives  and  dies  poor ;  carrying  the  arts  of  civilization  and 
the  blessings  of  the  gospel  through  the  world,  he  is  treated  as  an  outcast  from 
the  mercies  of  both.  But  look  to  your  history — that  part  of  it  which  the  world 
knows  by  heart — and  you  will  find  on  its  brightest  page  the  glorious  achieve 
ments  of  the  American  sailor.  Whatever  his  country  has  done  to  disgrace  him 
and  break  his  spirit,  he  has  never  disgraced  her;  he  has  always  been  ready  to 
serve  her ;  he  always  has  served  her  faithfully  and  effectually.  He  has  often 
been  weighed  in  the  balance,  and  never  found  wanting.  The  only  fault  ever 
found  with  him  is  that  he  sometimes  fights  ahead  of  his  orders.  The  world 
has  no  match  for  him,  man  for  man  ;  and  he  asks  no  odds,  and  he  cares  for  no 
odds,  when  the  cause  of  humanity  or  the  glory  of  his  country  calls  him  to  fight. 
Who,  in  the  darkest  days  of  our  Revolution,  carried  your  flag  into  the  very 
chops  of  the  British  Channel,  bearded  the  lion  in  his  den,  and  woke  the  echoes 
of  old  Albion's  hills  by  the  thunders  of  his  cannon  and  the  shouts  of  triumph? 
It  was  the  American  sailor.  And  the  names  of  John  Paul  Jones  and  the  Bon 
Hornme  Richard  will  go  down  the  annals  of  time  forever.  Who  struck  the  first 
blow  that  humbled  the  Barbary  flag,  which  for  a  hundred  years  had  been  the 
terror  of  Christendom,  drove  it  from  the  Mediterranean,  and  put  an  end  to  the 
infamous  tribute  it  had  been  accustomed  to  extort?  It  was  the  American 
sailor.  And  the  name  of  Decatur  and  his  gallant  companions  will  be  as  lasting 
as  monumental  brass. 

In  your  war  of  1812,  when  your  arms  on  shore  were  covered  by  disaster — 
when  Winchester  had  been  defeated — when  the  army  of  the  Northwest  had  sur 
rendered,  and  when  the  gloom  of  despondency  hung  like  a  cloud  over  the  land, 
who  first  relit  the  fires  of  national  glory  and  made  the  welkin  ring  with  the 
shouts  of  victory  ?  It  was  the  American  sailor.  And  the  names  of  Hull  and 
the  Constitution  will  be  remembered  as  long  as  we  have  left  any  thing  worth 
remembering.  That  was  no  small  event.  The  wand  of  Mexican  prowess  was 
broken  on  the  Rio  Grande.  The  wand  of  British  invincibility  was  broken  when 
the  flag  of  the  Guerriere  came  down.  That  one  event  was  worth  more  to  the 
Republic  than  all  the  money  which  has  ever  been  expended  for  the  navy. 
Since  that  day  the  navy  has  had  no  stain  upon  its  escutcheon,  but  has  been 
cherished  as  your  pride  and  glory.  And  the  American  sailor  has  established  a 
reputation  throughout  the  world — in  peace  and  in  war,  in  storm  and  in  battle — 
for  unsurpassed  heroism  and  prowess. 

Mr.  President,  I  am  no  painter.  I  cannot  draw  with  artistical  skill  the  scene 
I  would  have  you  look  upon.  But  it  requires  no  artist.  Picture  it  to  yourself, 
sir.  See  the  gallant,  bold  sailor  who  has  served  his  apprenticeship  with  Hull 
in  the  Constitution,  or  one  who  helped  to  drag  the  guns  across  the  San  Gabriel, 
stripped,  and  lashed  worse  than  a  dog.  Can  you  stand  it,  sir?  Yet  your  laws 
ha've  authorized  it  to  be  done — it  probably  has  been  done.  And  now  it  is  pro 
posed  to  give  authority  to  do  it  again.  Will  the  American  people  stand  it  ? 


APPENDIX    E.  89 

"Will  tliis  more  than  Roman  Senate  long  debate  whether  an  American  citizen,  as 
he  is — the  sailor — shall  be  entitled  to  all  his  rights  as  an  American  citizen  or 
not;  whether,  freeman  as  he  is,  he  shall  bo  scourged  like  a  slave  ?  Cicero's 
climacteric,  in  his  speech  against  Yerres,  is,  that  though  a  Roman  citizen,  his 
client  had  been  scourged.  And  shall  an  American  citizen  be  scourged?  For 
bid  it.  God  of  humanity,  forbid  it!  For  my  own  part,  I  would  rather  see  the 
navy  abolished,  and  the  stars  and  stripes  buried  with  their  glory  in  the  depths 
of  the  ocean,  than  that  those  who  won  its  glories  should  be  subjected  to  a  punish 
ment  so  ignominious  and  brutalizing.  Sir,  if  I  had  the  power  vouchsafed  to 
others,  to  impress  my  own  feelings  upon  the  hearts  of  those  who  hear  me,  I 
would  rouse  in  the  minds  of  senators  such  a  sense  of  national  pride  and  human 
sympathy  that  they  would  with  one  voice  demand  that  the  memorial  which 
seeks  to  rob  the  American  sailor  of  his  rights  as  an  American  freeman  should 
be  thrown  under  your  table  and  trampled  beneath  your  feet. 

Mr.  President,  the  object  of  all  our  legislation  for  our  seamen  should  be  to 
elevate  them  as  a  class,  and  not  to  degrade  them.  In  proportion  as  you  do  this, 
and  teach  the  sailor  to  respect  himself,  you  will  bring  him  to  the  performance 
of  his  duty  with  cheerfulness  and  alacrity.  You  best  appeal  to  his  patriotism 
by  showing  him  that  he  is  honoured  and  respected  by  his  country.  You  best 
appeal  to  his  sentiment  of  native  pride  by  presenting  motives  to  his  emulation. 
You  can  do  infinitely  more  with  him  by  rewarding  him  for  his  faithfulness  than 
by  flogging  him  for  his  delinquencies.  Whatever  the  peculiarities  of  the  sailor 
may  be,  he  is  still  a  man,  with  all  the  impulses,  wishes,  and  hopes  of  a  man. 
And,  if  there  is  one  trait  more  peculiar  to  him  than  another,  it  is  the  sentiment 
of  gratitude.  He  never  forgets  a  kindness,  and  would  take  his  heart  out  of  his 
bosom,  if  he  could,  to  save  a  friend.  Let  him  only  see  that  he  is  honoured  and 
respected  by  his  country,  and  her  honour  and  interest  will  always  be  safe  in  his 
hands. 

I  believe  that  many  of  the  officers  of  the  navy  have  fallen  into  the  error  of 
supposing  that  sailors  are  more  influenced  by  their  fears  than  by  their  affections. 
They  do  not  rightly  appreciate  his  character.  If  they  would  take  more  pains 
to  think  for  him,  to  keep  him  out  of  temptation,  to  attend  to  his  wants,  to  see 
that  he  was  fairly  and  justly  dealt  by,  and  properly  to  consider  the  fair  allow 
ance  which  ought  to  be  made  for  him,  they  would  find  it  much  less  difficult  to 
enforce  discipline,  to  gain  his  confidence,  and  find  him  much  more  tractable. 
It  is  not  by  the  severity  of  discipline  as  much  as  it  is  by  a  firm,  just,  and  gene 
rous  government,  that  he  is  to  be  controlled.  It  is  so  among  men  everywhere. 
It  is  rather  by  humane  and  judicious  laws,  than  by  the  severity  of  penal  enact 
ments,  that  good  government  is  established  and  maintained.  Again :  in  the 
training  and  governing  those  men  who  are  to  fight  your  battles  and  face  every 
danger  with  courage,  their  fear  should  seldom  be  appealed  to.  You  ought  not 
to  cultivate  the  emotions  which  make  men  cowards  and  teach  them  habitually 
to  shrink  from  the  fear  of  personal  suffering.  You  ought  rather  to  teach  them 
to-despise  all  honourable  suffering.  True  heroism  is  an  intellectual  quality.  It 
is  moral  intrepidity  that  makes  the  man  of  true  and  reliable  courage.  And 
this  can  only  co-exist  with  a  proper  sense  of  personal  honour  and  self-respect. 
Degrade  a  man  by  an  infamous  punishment,  which  destroys  his  personal  honour 
and  self-respect,  and  you  do  all  that  human  ingenuity  can  to  make  him 
cowardly. 

But  it  is  said  that  the  navy  cannot  be  governed  without  the  lash.  As  a  gene 
ral  proposition,  I  express  my  utter  dissent  to  it.  I  admit  that  among  sailors,  as 
among  other  classes,  there  will  always  be  found  aome  who  are  vicious  and 
troublesome.  That  is  the  case  in  the  army  as  well  as  in  the  navy;  and  they 
have  abolished  the  lash  in  the  army.  It  is  as  easy  to  get  other  and  less  offensive 
punishments  for  the  navy  as  for  the  army;  and,  if  those  punishments  will  not 
answer,  the  refractory  person  had  better  be  driven  in  disgrace  from  the  navy. 
He  is  nut  tit  to  be  trusted  in  the  hour  of  peril;  he  is  unworthy  to  have  the  honour 
of  the  flag  confided  to  him.  Sufficient  inducements  should  be  offered  to  tho 
better  classes  to  enter  the  navy;  and  a  part  of  those  inducements  should  always 
be  good  treatment.  A  free  use  of  the  lash — nay,  its  probable  use,  its  permission 


90  APPENDIX    E. 

by  law — has  always  been  an  objection  urged  by  the  better  classes  to  entering 
the  navy.  They  prefer  the  merchant  service,  where  they  can  at  least  select  their 
own  commander,  while  in  the  navy  they  know  not  into  whose  hands  they  may 
fall.  Thus  you  see  that  the  very  necessity  which  is  pleaded  creates,  in  a  great 
degree,  the  circumstances  out  of  which  it  is  supposed  to  spring.  You  flog 
because  there  are  bad  men  in  the  navy,  and  the  fact  that  you  do  flog  excludes 
the  better  class  of  sailors  from  entering  the  service;  so  that  the  mischief  is  self- 
perpetuating.  But  again,  it  is  said  that  a  large  majority  of  the  officers  of  the 
navy  are  of  opinion  that  the  lash  is  necessary  and  indispensable. 

Well,  there  are  differences  of  opinion  about  it.  We  all  know,  however,  that 
old  notions  and  opinions  are  hard  to  be  rooted  out,  and  that  men  are  very  apt 
to  love  arbitrary  power  when  they  are  to  exercise  it  and  not  be  subject  to  it. 
All  history  shows  this,  and  the  experience  of  all  reformers  confirms  it.  Lord 
Denman,  late  Chief-Justice  of  England,  in  a  letter  on  the  subject  of  legal 
reform,  complains  that  everywhere  he  met  the  objection  that  the  judges  were 
opposed  to  it.  And  Lord  Brougham,  in  a  speech  delivered  in  Parliament  on  the 
same  subject,  expresses  a  similar  sentiment.  Yet  it  was  not  long  before  the  judges 
and  the  bar  and  the  people  concurred  in  opinion  as  to  the  beneficial  effects  of 
the  same  reforms.  It  would  seem,  sir,  that  it  is  a  part  of  man's  nature  to  yield 
with  great  reluctance  the  smallest  atom  of  power  with  which  he  may  be  invested. 
He  is  unwilling  to  admit  that  he  can  abuse*it.  Its  safest  depository,  he  considers, 
is  his  own  hands.  For  these  and  similar  reasons,  I  think  that  the  opinion  of  the 
officers  of  the  navy  on  this  subject  should  be  taken  with  many  grains  of  allow 
ance.  I  find  no  fault  with  the  independent  expression  of  their  opinions.  It  is 
the  opinion  itself  which  I  propose  to  combat.  Their  argument  is  us  brief  as  it 
seems  to  some  minds  formidable.  They  declare  the  lash  to  be  necessary  and 
indispensable.  If  they  are  right  in  this  opinion,  there  is  an  end  to  the  matter. 
Necessity  has  no  law.  But  I  beg  leave  to  inquire  into  this  alleged  necessity. 

And  first,  I  ask  for  what  offences  has  this  lash  been  so  freely  used?  Has  it 
been  inflicted  for  serious  or  atrocious  crimes,  which  involve  the  honour  of  our 
flag  or  the  safety  of  our  national  vessels  ?  Or  rather,  let  me  ask,  has  it  not 
been  inflicted  for  offences  which,  if  they  had  been  entirely  overlooked,  would 
not  have  injured  the  proper  discipline  of  the  navy?  Has  the  lash  ever  been 
used  in  the  hour  of  battle  or  in  that  of  preparation  for  a  battle  ?  Is  it  reason 
able  to  suppose  that  a  coward  or  traitor  would  face  a  cannon-ball  to  avoid  the 
lash  ?  It  would  seem,  then,  without  multiplying  words,  that,  so  far  from  the 
lash  being  necessary  for  the  maintenance  of  discipline  in  the  most  important 
duty  of  a  ship-of-war,  it  never  has  been  and  never  will  be  used.  How  is  it, 
then,  in  regard  to  the  most  important  matter  concerning  the  discipline  of  a  man- 
of-war?  Has  it  ever  been  used  for  the  suppression  of  mutiny?  No,  sir;  the 
law  has  provided  for  that  offence,  as  well  as  for  cowardice,  the  punishment  of 
death.  Having  thus  briefly  stated  what  the  lash  has  not  been  used  for,  let  me 
inquire,  what  are  the  offences  for  which  it  is  deemed  so  absolutely  necessary  ? 
We  may  derive  some  information  in  this  particular  from  the  published  reports 
of  the  offences  and  punishments  which  have  actually  occurred  on  board  our 
ships-of-war.  By  reference  to  the  report  of  the  Secretary  of  the  Navy  on  this 
subject,  you  will  perceive  that  one  of  the  offences  for  which  it  has  been  used 
is  that  of  suspicion  of  theft.  One  would  hardly  say  it  was  either  necessary  or 
proper  in  that  case.  The  offence  for  which,  however,  there  seems  to  have  been 
more  lashes  inflicted  than  for  all  other  offences,  is  that  of  drunkenness. 
Now,  sir,  the  Government  furnishes  the  liquor  for  the  sailor,  and  if  he  gets 
drunk  upon  his  allowance  the  Government  itself  is  responsible,  and  the  sailor 
ought  not  to  be  flogged.  If  he  procures  it  on  board  of  a  ship  by  theft  or  bar 
gain,  it  is  evidence  of  a  laxity  of  discipline,  for  which  others  are  responsible, 
and  for  which  the  sailor  ought  not  to  be  flogged.  The  lash,  therefore,  is  not 
necessary  to  prevent  drunkenness,  not  only  for  the  reasons  just  stated,  but 
because  it  must  be  universally  admitted  that  it  never  has  and  never  can  prevent 
the  offence  of  drunkenness,  if  he  who  is  habituated  to  it  is  permitted  to  have 
liquor. 

The  offence  of  disobedience  of  orders  will  be  found  frequently  in  this  report. 


APPENDIX    E.  91 

But  we  are  not  informed  of  the  precise  nature  of  the  offence.  Whether  it  is 
actual  or  constructive  disobedience  of  orders;  whether  it  is  a  serious  or  trifling 
matter;  whether  it  is  for  accidentally  spitting  on  the  deck,  or  neglecting  to 
clean  the  bright-works  of  a  ship,  or  not  mending  his  clothes,  or  leaving  his  bag 
on  deck;  or  whether  it  was  a  positive  refusal  to  do  his  duty.  We  are,  therefore, 
left  to  infer  its  seriousness  by  the  punishment  inflicted  for  it.  I  will  hazard  the 
opinion,  judging  by  that  standard,  that  stopping  the  offender's  allowance  of 
tobacco,  or  rum,  tea,  sugar,  and  coffee,  would  have  been,  in  every  case,  a  much 
more  reasonable  and  a  more  efficient  punishment.  And  now,  sir,  what  has 
become  of  this  plea  of  necessity, — I  will  not  call  it  in  this  connection  the  tyrant's 
plea ;  the  officers  of  the  navy  do  not  deserve  such  a  reproach  from  any  one,  and 
especially  from  myself,  because  I  did,  when  in  the  service,  execute  and  permit  to 
be  executed  the  law  of  the  lash,  as  I  hope  I  did  all  other  laws  of  the  service, 
which  I  had  sworn  to  obey  and  to  enforce.  And  this  should  be  a  sufficient 
answer  to  those  who  expect  to  escape  from  the  grasp  of  argument  and  facts  by 
indulging  in  individual  recrimination,  and  will  be  sufficient  to  remind  them  that 
there  is  some  difference  in  the  position  of  those  who  are  called  upon  to  make  the 
laws  and  those  whose  duty  it  is  to  execute  them. 

The  officers  of  the  navy,  in  my  judgment,  are  entitled  to  high  commendation. 
They  are,  as  a  class,  noble,  brave,  generous,  and  patriotic  men  ;  and  in  all  the  ele 
ments  of  character  which  constitute  valuable  public  servants,  they  have  no  supe 
riors.  But,  however  much  respect  I  may  entertain  for  them  as  a  class,  it  is  my 
duty,  which  I  shall  endeavour  to  perform,  to  deal  without  reserve  or  false  deli 
cacy  with  their  arguments,  and  the  errors  which  disgrace  and  paralyze  the 
service  to  which  they  belong.  It  does  appear  to  me,  Mr.  President,  that  the 
argument,  from  necessity,  has  resolved  itself  simply  into  this:  That  the  lash  is 
an  easy  and  short  way  to  settle  a  trifling  difficulty  with  a  sailor.  And  so  were 
the  thumb-screw  and  the  rack  an  easy  and  short  way  to  get  a  confession,  and 
the  Inquisition  settled  matters  of  faith  easily  and  readily.  But,  sir,  there  has 
been  a  great  change  in  the  opinions  of  mankind  on  this  subject,  and  I  hope  the 
change  will  go  on  until  the  last  relic  of  barbarism  shall  be  banished  from  the 
world. 

But  I  care  very  little  for  the  details  of  this  argument,  and  will  not  detain  the 
Senate  any  longer  in  relation  to  them.  There  is  one  broad  proposition  upon 
which  I  stand.  It  is  this:  That  an  American  sailor  is  an  American  citizen, 
and  that  no  American  citizen  shall,  with  my  consent,  be  subjected  to  this  infa 
mous  punishment.  Placing  myself  upon  this  proposition,  1  am  prepared  for 
any  consequences.  I  love  the  navy.  When  I  speak  of  the  navy,  I  mean  the 
sailor  as  well  as  the  officer.  They  are  all  my  fellow-citizens,  and  yours;  a.nd, 
come  what  may,  my  voice  will  ever  be  raised  against  a  punishment  which  de 
grades  my  countrymen  to  the  level  of  a  brute,  and  destroys  all  that  is  worth 
living  for, — personal  honour  and  self-respect. 

Mr.  President,  reference  has  been  made  by  these  memorialists  to  the  example 
of  the  British  Government.  With  what  propriety  such  an  appeal  is  made  by 
the  citizens  of  a  free  republican  Government  to  the  institutions  of  monarchy,  let 
others  determine.  But,  sir,  I  am  not  aware  that  the  British  Parliament  has 
ever  by  statute  expressly  authorised  the  use  of  the  lash.  There  is  no  doubt 
that  it  is  used  in  the  navy  of  Great  Britain,  and  has  been  so  used  since  the 
restoration  of  the  .monarchy  under  the  Stuarts ;  but  there  is  no  evidence  that 
the  practice  of  flogging  prevailed  in  the  republican  fleets  of  the  English  Com 
monwealth  ;  and  it  is  doubted  by  the  best  authorities  that  it  ever  was  tolerated 
prior  to  the  act  of  13th  Charles  II.  We  have  copied  it  from  their  practice,  and 
not  from  their  statute-book.  But  our  Congress  did  what  no  British  Parliament 
ever  did ;  they  sanctioned  it  in  express  terms  by  the  laws  of  the  United  States. 
And  here,  Mr.  President,  you  must  permit  me  to  call  the  attention  of  the  Senate 
to  a  most  singular  fact,  which  is  this: — Our  law  of  April,  1800,  was  principally 
copied  from  the  statute  of  Charles  II.,  and  is  openly  and  avowedly  more  severe 
and  arbitrary  than  the  British  act,  even  under  the  Stuarts,  and  has  remained  so 
until  last  year,  although  flogging,  as  a  punishment,  was  tolerated  during  the 
whole  of  that  time,  and  up  to  the  present  moment,  on  land  in  England. 


92  APPENDIX    E. 

The  act  of  Charles  II.  alluded  to  was  passed  when  the  Duke  of  York,  after 
wards  James  II.,  was  Lord  High-Admiral  of  England,  and  may  be  supposed  to 
have  been  done  at  his  instance.  The  English  historian,  the  Earl  of  Clarendon, 
tells  us  that  when  that  prince  entered  on  his  duties  he  found  the  navy  too  re 
publican  for  his  taste  or  purposes,  and  set  about  reorganizing  it  by  getting  rid 
of  the  republican  officers.  In  pursuance  of  this  policy,  he  procured  the  pas 
sage  of  the  act  of  13th  Charles  II.  Although  that  act  does  not,  in  express 
terms,  authorize  the  use  of  the  lash,  yet,  by  virtue  of  a  clause  contained  in  it, 
the  Lord  High- Admiral,  or  the  commissioners  for  executing  his  duties,  issued 
instructions  authorizing  the  use  of  the  lash  in  the  British  navy ;  and  certainly 
it  may  be  cited  to  justify  any  tyranny.  I  would  not  have  noticed  the  reference 
of  the  memorialists  to  the  practice  in  the  British  navy,  but  that  I  desire,  on 
this  subject,  not  to  leave  a  peg  to  hang  a  doubt  upon.  But,  sir,  the  example  of 
the  British  Government,  such  as  it  is,  is  no  justification  for  the  United  States. 
The  infliction  of  corporal  punishment  for  certain  offences  has  always,  as  far  as 
I  know,  been  sanctioned  by  British  laws.  The  sailor  in  the  British  navy  re 
ceives  the  same  punishment  that  is  inflicted  upon  landsmen  in  England  ;  where 
as,  in  the  United  States,  it  has  been  almost  universally  abolished,  and  certainly 
has  never  been  sanctioned  by  the  laws  of  the  United  States,  except  in  the  army 
and  navy.  Justification  it  has  none ;  and  if  palliation  is  to  be  looked  for  it 
could  only  be  found  in  its  infliction  by  the  judgment  of  the  sailor's  peers.  But 
the  trial  by  jury  is  unknown  to  the  naval  service-  Those  great  conservative 
safeguards,  so  dear  to  freemen — the  arraignment  and  trial  before  a  jury  of  his 
peers  indifferently  selected,  counsel  and  defence — are  unknown  to  the  every-day 
discipline  of  a  man-of-war.  Much  less  has  the  sailor  any  appeal.  The  process 
by  which  he  is  tried  is  a  short  process,  and  the  punishment  follows  immediately 
on  judgment.  Where  the  power  to  punish  is  so  absolute,  the  law  should  at  least 
protect  its  victim  from  an  infamous  punishment  for  a  petty  offence,  which  may 
disgrace  and  ruin  him  for  life.  If,  when  a  citizen  enters  into  the  service  of  his 
country,  he  is  to  forego  the  protection  of  those  laws  for  the  preservation  of  which 
he  is  willing  to  risk  his  life,  he  is  entitled,  in  all  justice,  humanity,  and  grati 
tude,  to  all  the  protection  that  can  be  extended  to  him  in  his  peculiar  circum 
stances.  He  ought  certainly  to  be  protected  from  the  infliction  of  a  punish 
ment  which  stands  condemned  by  the  almost  universal  sentiment  of  his  fellow- 
citizens, — a  punishment  which  is  proscribed  in  the  best  prison-government ;  pro 
scribed  in  the  school-house,  and  proscribed  in  the  best  government  on  earth — 
that  of  parental  domestic  affection.  Yes,  sir,  expelled  from  the  social  circle, 
from  the  school-house,  the  prison-house,  and  the  army,  it  finds  defenders  and 
champions  nowhere  but  in  the  navy.  To  say  that  no  laws  can  be  devised  for  the 
government  of  the  navy  which  do  not  tolerate  the  lash  is  an  acknowledgment 
of  imbecility  which  this  Senate  will  never  make. 

The  difficulty  in  regard  to  this  matter  has  been  that,  in  framing  articles  for 
the  government  of  the  navy,  three  things  have  been  overlooked  which  ought 
never  to  be  lost  sight  of.  First,  that  an  American  sailor  is  an  American  citizen 
and  a  freeman,  though  in  the  service  of  his  country.  Second,  that  he  has  yielded 
no  legal  right  not  inconsistent  with  his  obligations  of  duty.  Third,  that  naval 
officers  are  not  infallible,  and  require  as  stringent  regulations  for  their  govern 
ment  as  other  citizens  invested  with  authority. 

And  now,  Mr.  President,  I  come  to  the  discussion  of  a  part  of  this  subject  far 
from  being  agreeable.  Why  is  it  that  naval  officers,  and  even  some  seamen,  as 
I  am  told,  desire  to  have  the  lash  restored  to  the  navy  ?  It  is  a  symptom  of 
unfavourable  augury.  It  is  an  indication  that  the  moral  standard  by  which 
the  navy  is  estimated  is  low  and  degraded.  It  argues  a  preference  for  the  exer 
cise  of  arbitrary  power,  rather  than  appeal  to  those  feelings  of  respect  and  sen 
timents  of  honour  which  shpuM  influence  the  conduct  of  honourable  men 
towards  each  other  in  the  service  of  their  country. 

The  great  Montesquieu  has  said  that,  while  virtue  was  the  principle  of  a  re 
public,  honour  was  that  of  a  monarchy.  Now  the  actual  government,  in  peace 
or  war,  in  your  military  and  naval  service,  is  necessarily,  in  some  degree,  mo 
narchical.  Within  the  limits  of  his  command,  and  in  reference  to  those  imme- 


APPENDIX    E.  93 

diatcly  subject  to  him,  the  captain,  the  colonel,  the  general,  or  the  commander 
of  a  ship-of-war,  is  a  sovereign — a  monarch ;  and  I  hold  that  honour  is  the 
principle  on  which  the  government  of  his  subordinates  should  bo  founded.  Tell 
me  not  that  a  sailor's  heart  is  insensible  to  the  dictates  of  honour.  I  know  bet 
ter.  It  is  there.  It  may,  indeed,  slumber  and  remain  passive,  and  be  almost 
extinguished  by  sullen  revenge  or  bitter  hatred;  yet  there  it  is,  as  real  and  in 
as  perfect  existence  as  in  your  breast  or  mine.  *By  proper  appeals  to  it — by 
generous  treatment — by  manly  and  discriminating  excitement — 'it  kindles  into 
activity  and  becomes  the  supreme  arbiter  of  the  sailor's  life  and  conduct.  Sir, 
if  the  officers  would  only  believe  in  the  existence  of  this  sentiment  of  honour, 
and  appeal  to  it  as  an  instrument  for  the  preservation  of  discipline,  we  should 
not  be  asked  to  restore  the  lash.  A  requisition  for  the  lash  proceeds  on  the 
supposition  that  there  is  no  honour  in  a  common  sailor.  Now,  so  far  from  that 
dogma  having  any  foundation  in  fact,  it  must  be  known  to  all  who  appreciate 
the  character  of  a  true-hearted  sailor  that  honour  is  almost  the  only  principle 
by  which  nine-tenths  of  them  are  governed.  When  an  unsuccessful  appeal  is 
made  to  the  honour  of  a  sailor,  it  is  not  because  he  is  destitute  of  the  principle, 
but  because  the  appeal  has  not  been  properly  made. 

In  the  view  I  take  of  the  subject,  then,  the  argument  derived  from  a  low  and 
degraded  estimate  of  the  navy  is  unfounded  in  any  of  the  characteristics  be 
longing  to  the  common  sailor.  lias  it  any  foundation  in  the  incapacity  of  the 
officers  to  excite  and  cultivate  those  feelings  of  honour  in  a  sailor  which  make 
him  obedient  and  tractable  ?  I  hope  not.  If  there  be  any  such  they  should 
not  be  intrusted  with  any  command ;  they  are  destitute  of  the  faculty  of  com 
manding;  they  have  not  the  necessary  qualification  ;  they  are  not  safe  deposita 
ries  for  such  absolute  power  or  for  the  security  of  our  public  ships.  How  can 
they  rouse  the  sailor's  sense  of  honour  in  time  of  battle  who  have  proved  them 
selves  incapable  of  believing  in  its  existence  at  all  other  times?  I  apprehend, 
if  the  restoration  of  the  lash  be  made  to  hinge  upon  the  question  whether  the 
sailor  is  destitute  of  honour  or  the  officers  of  capacity  to  successfully  appeal  to 
that  honour,  that  we  should  not  be  troubled  with  many  importunate  demands 
for  its  restoration.  If  the  desire  to  restore  the  lash  to  the  navy  is  evidence  that 
the  standard  by  which  the  navy  is  judged  is  low  and  degraded,  it  is  also  evi 
dence,  to  my  mind,  that  the  navy  has  not  kept  pace  with  the  moral  improve 
ment  of  the  age.  If  it  be  the  general  opinion  in  the  navy  that  the  lash  is  ne 
cessary  and  indispensable  for  the  preservation  of  discipline,  then,  I  say,  we  are 
now  just  where  public  sentiment  stood  in  1GGO,  during  the  infamous  reign  of 
Charles  II.  Then  the  thumb-screw  and  the  rack  were  in  vogue,  too.  And,  if 
we  are  to  go  back  to  the  lash,  I  do  not  see  why  we  should  not  retrograde  like- 
rrise  to  the  boot,  the  rack,  and  the  torture.  What  would  bo  thought  of  the  man 
who  would  propose  to  introduce  into  our  penal  code  those  horrible  and  barba 
rous  punishments  of  which  I  have  spoken?  what  would  be  thought  of  the 
civilized  community  who  would  approve  such  a  proposition  and  re-enact  punish-  • 
ments  in  vogue  three  hundred  years  ago  ?  Yet  the  proposition  to  restore  the 
lash  is  of  a  similar  character.  It  takes  for  granted  that  the  sailor  has  remained 
stationary  ever  since  the  rack,  the  thumb-screw,  and  the  boot  were  abolished  as 
part  of  the  criminal  law  of  civilized  nations  ;  it  takes  for  granted  that  of  all  the 
light  which  has  irradiated  the  human  mind  during  the  progress  of  the  world 
none  of  it  has  bee»  poured  on  the  understanding  of  the  sailor;  that  he  alone 
has  remained  stationary ;  that  he  alone  has  remained  ignorant  and  incapable 
of  improvement ;  that  he  alone  is  doomed  to  remain  the  victim  of  injustice  and 
cruelty.  Look,  sir,  through  the  various  pursuits  of  human  life,  and  wherever 
your  eyes  rest  you  find  that  improvement  has  advanced  with  giant  strides ; 
you  find  that  it  has  elevated  and  enlightened  the  ploughman  in  his  field — the 
mechanic  in  his  workshop — the  merchant — the  professional  man — the  daily 
labourer — all  have  felt  the  benign  influences  of  improved  .civilization.  If  the 
sailor  has  not  felt  it  in  an  equal  degree  with  other  classes,  it  is  because  you 
have  degraded  and  abused  him  by  treatment  from  which  other  classes  have 
compelled  you  to  relieve  them.  His  voice  has  not  been  heard,  like  that  of  other 
classes,  in  the  halls  of  legislation.  He  has  no  representative  in  such  places  ;  he 


94  APPENDIX   E. 

wields  no  political  influence;  he  has  no  residence;  his  domicil  is  on  the  ship. 
If  the  interests  of  the  sailor  had  received  a  tithe  of  the  attention  bestowed  by 
legislators  on  the  interests  of  other  classes,  we  should  not  now  be  discussing 
the  question  whether  or  not  he  should  be  remanded  to  the  tender  mercies  of 
these  penal  atrocities,  from  which  the  progress  of  modern  improvement  has 
relieved  all  other  denominations  of  men  ;  we  should  not  now  be  discussing  the 
question  whether  he  should  be  treated  like  a  man  or  a  brute. 

Mr.  President,  a  word  or  two  more  and  I  am  done.  We  hear  a  great  deal  of 
the  delinquencies  of  sailors.  There  are  delinquencies  of  officers  as  well  as  of 
sailors.  There  are  officers  in  the  navy  as  well  as  sailors  who  ought  not  to  be 
there.  If  you  desire  to  prepare  the"  navy  for  the  exigencies  of  war — if  you 
desire  to  preserve  your  ancient  renown  as  a  naval  power — you  must,  in  my  judg 
ment,  abolish  the  lash  and  adopt  a  system  of  rewards  and  punishments'  in  its 
stead ;  you  must  abolish  the  liquor  ration  ;  you  must  alter  the  whole  system  of 
the  recruiting  service  ;  in  one  word,  you  must  purge  the  navy  of  all  its  foul 
stuff  in  high  places  as  well  as  low  places ;  and  you  must  lay  broad  and  deep 
the  foundation  of  your  naval  greatness  in  the  character  of  the  COMMON  SAILOR. 
The  bone  and  sinew  of  every  navy  is  the  common  sailor.  You  require  the 
commanding  intellect  of  scientific  officers  to  direct  him,  and  you  require 
good  ships.  But,  after  all,  the  common  sailor  is  the  working  power  which 
enables  the  captain  and  the  ship  to  gain  laurels.  'Tis  the  sailor  who  works 
and  sails  and  fights  the  ship ;  and  in  proportion  as  he  is  superior  or  inferior 
will  be  the  success  of  the  captain  and  the  ship.  Sir,  in  all  the  best  traits 
of  character  which  distinguish  sailors  no  nation  excels  the  United  States.  The 
American  sailor  is  bold,  intelligent,  hardy,  and  enterprising,  and  in  nautical 
skill  is  unsurpassed.  lie  shrinks  from  no  danger,  he  dreads  no  foe,  and  yields 
to  no  superior.  No  shoals  are  too  dangerous,  no  seas  too  boisterous,  no  cli 
mate  too  rigorous,  for  him.  The  burning  sun  of  the  tropics  cannot  make  him 
effeminate,  nor  can  the  eternal  winter  of  the  polar  seas  paralyze  his  energies. 
Foster,  cherish,  develop  these  characteristics  by  a  generous  and  paternal  govern 
ment.  Excite  his  emulation  and  stimulate  his  ambition  by  rewards.  But,  above 
all,  save  him,  save  him  from  the  brutalizing  lash,  and  inspire  him  with  love  and 
confidence  for  your  service  ;  and  then  there  is  no  achievement  so  arduous,  no 
conflict  so  desperate,  in  which  his  actions  will  not  shed  glory  upon  his  country. 
And,  when  the  final  struggle  comes,  as  soon  it  will  come,  for  the  empire  of  the 
seas,  you  may  rest  with  entire  confidence  that  victory  will  be  yours. 

I  move  you,  sir,  that  it  is  inexpedient  to  grant  the  prayer  of  the  petitioners. 


Remarks   of  Hon.  It.  F.  Stockton,   of  New    Jersey,   upon    non- 
intervention. 

DELIVERED   IN   THE    SENATE    OF    THE    UNITED    STATES,  FEBRUARY  2,   1852. 

Mr.  PRESIDENT  : — I  hold  in  my  hand  a  series  of  resolutions  passed  by  the 
Legislature  of  the  State  of  New  Jersey,  and  which  by  their  authority  have  been 
transmitted  to  me.  I  ask  that  they  may  be  read  and  printed. 

The  Secretary  read  the  resolutions,  as  follows : — 

"JOINT    RESOLUTIONS    IN    RELATION    TO    GOVERNOR   KOSSUTH    AND    THE    DOCTRINE    OF 
NATIONAL    NON-INTERVENTION. 

"  WHEREAS,  Louis  Kossuth,  Governor  of  Hungary,  exiled  from  his  country 
because  he  made  a  gallant  but  unsuccessful  struggle  for  his  country's  rights, 
has  come  to  the  United  States,  an  invited  guest  of  the  nation: 

"  1.  Be  it  Resolved  by  tlie  Senate  and  General  Assembly  of  the  State  of  New  Jersey, 
That  Louis  Kossuth  be  invited  to  visit  this  Legislature  at  its  present  session, 
that  we  may  extend  to  him  the  hospitality  of  the  State,  and  assure  him  of  our 
sympathy. 

"2.  Be  it  Resolved,  That  in  Louis  Kossuth  we  recognise  a  true  patriot,  and  the 
able  and  eloquent  expounder  of  constitutional  rights  and  liberties ;  that  we 


APPENDIX   E.  95 

sympathize  with  him  and  his  countrymen  in  the  calamities  which  have  befallen 
their  fatherland;  that  we  deeply  deplore  that  the  recent  glorious  struggle  for 
the  freedom  of  Hungary  was  rendered  unsuccessful  by  the  treason  of  their 
general,  and  the  armed  intervention  of  Russia,  contrary  to  the  principles  of 
justice  and  international  law ;  and  that  we  trust,  by  the  blessings  of  Divine  Pro 
vidence,  that  all  his  future  efforts  in  the  cause  of  his  country  may  be  crowned 
with  success,  and  that  the  people  of  Hungary,  now  dispersed  or  down-trodden, 
may  be  restored  to  freedom  and  happiness,  under  the  protecting  care  of  a  con 
stitutional  government,  erected  by  themselves. 

"3.  And  be  it  Resolved,  That  every  nation  has  a  right  to  alter,  modify,  abolish, 
or  adopt  its  own  form  of  government,  and  regulate  its  owrn  internal  affairs,  and 
that  an  armed  intervention  of  any  other  nation  to  control  or  destroy  this  right 
is  an  infraction  of  international  law. 

"4.  And  be  it  Resolved,  That  the  supremacy  of  the  non-intervention  law, 
acknowledged  by  all  nations,  would  tend  to  maintain  national  rights,  prevent 
national  wars,  and  give  a  lasting  peace  to  the  world. 

"5.  And  be  it  Resolved,  That  our  Senators  and  Representatives  in  Congress  be 
requested  to  obtain  the  passage  of  a  resolution  by  Congress,  instructing  the 
representatives  of  the  United  States  to  the  Governments  of  Europe  to  urge  upon 
those  Governments  a  declaration  that  the  forcible  intervention  of  one  nation  to 
regulate  the  internal  affairs,  or  to  alter,  modify,  abolish,  or  prescribe  the  form 
of  government,  of  another  nation,  is  an  infraction  of  the  law  of  nations. 

"6.  And  be  it  Resolved,  That  the  Governor  be  requested  to  transmit  a  copy  of 
these  Resolutions  to  the  President  of  the  United  States,  to  Louis  Kossuth,  and 
to  each  of  our  Senators  and  Representatives  in  Congress." 

Mr.  STOCKTON. — Mr.  President,  no  one  need  doubt  my  regard  for  the  old 
Democratic  principle,  that  the  representative  is  bound  by  the  will  of  his  con 
stituents.  No  one  need  doubt  the  profound  respect  which  any  expression  of 
opinion  by  the  Legislature  of  New  Jersey  will  command  from  me.  I  know  no 
higher  honour  than  faithfully  to  represent  my  native  State.  I  can  enjoy  no 
higher  satisfaction  than  to  feel  that  1  merit  her  approval.  My  ambition  in  the 
discharge  of  my  duties  here  is  to  promote  her  interests.  In  doing  that,  I  know 
that  I  shall  promote  the  welfare  of  our  whole  country. 

Sir,  I  execrate  the  oppressors  of  poor  Hungary,  and  cordially  sympathize 
with  the  Legislature  and  people  of  New  Jersey  in  her  sufferings.  I  am  as  desi 
rous  for  her  independence  and  the  extension  of  human  liberty  as  any  of  my 
fellow-citizens.  Nevertheless,  I  am  constrained  to  say  that,  while  I  agree  to 
every  sentiment  of  freedom  and  love  of  liberty  contained  in  the  resolutions 
which  you  have  just  heard  read,  I  do  not  entirely  concur  in  the  principles  of 
public  Jaw  by  which  the  object  they  have  in  view  is  sought  to  be  obtained.  I 
will,  therefore,  with  the  Senate's  leave,  proceed  to  state,  in  a  few  brief  remarks, 
the  grounds  of  my  opinion,  what,  in  my  judgment,  are  the  responsibilities  of 
this  Government,  and  the  course  we  ought  to  take  in  regard  to  our  foreign  rela 
tions.  The  course  suggested  by  the  resolutions  is  not  precisely  the  one  preferred 
by  me.  They  do  not  avow  the  principles  which  this  Government  ought  to  assert 
and  maintain,  which  the  United  States  always  has  asserted,  and  which  I  hope 
she  will  continue  to  assert  as  long  as  there  is  a  single  despotic  Government 
existing  whose  people  rise  to  demand  the  blessings  of  liberty. 

Sir,  when  we  cast  our  eyes  over  the  world,  everywhere,  with  the  exception  of 
America,  we  see  the  surface  of  the  whole  earth  appropriated  by  absolute  mon- 
archs.  The  only  country  which  enjoys  Republican  Government,  and  whose 
people  adequately  appreciate  free  institutions,  is  the  United  States.  Those  free 
institutions  comprehend  all  that  survives  of  free  principles  and  political  liberty. 
In  them  is  concentrated  all  that  is  valuable  of  what  man  has  ever  achieved  in 
qualifying  himself  for  self-government. 

The"  Mosaic  Republic — Rome  and  her  Empire — the  transitory  commonwealths 
of  Italy  and  Germany,  which  heralded  the  revival  of  learning — all  stand  as 
beacon-lights  to  warn  and  instruct  us.  All  that  is  of  value  in  the  institutions 
of  the  Great  Alfred  or  Modern  Britain  is  ours — improved,  perfected,  and  divested 

20 


96  APPENDIX    E. 

of  every  element  which  can  interfere  with  or  enfeeble  the  sovereignty  of  tho 
people.  We  are,  in  truth,  the  residuary  legatees  of  all  that  the  blood  and  trea 
sure  of  mankind,  expended  for  four  thousand  years,  have  accomplished  in  the 
cause  of  human  freedom.  In  our  hands  alone  is  the  precious  deposit.  Before 
God  arid  the  world,  we  are  responsible  for  this  legacy.  Not  for  our  own  benefit 
only,  but  for  the  benefit  and  happiness  of  the  whole  family  of  man.  What 
course,  then,  shall  this  Government  take  to  perpetuate  our  liberties  and  to 
diffuse  our  free  institutions  over  the  world? 

1st.  We  must  guard  our  Constitutional  grant  of  delegated  power  from  infrac 
tion.  We  must  abide  within  the  limits  prescribed  by  the  States  to  the  General 
Government.  We  must  discreetly  exercise  the  powers  actually  granted,  and 
abstain  from  the  exercise  of  all  powers  not  granted. 

2d.  We  must  so  direct  the  foreign  affairs  of  this  Government,  that  the  progress 
of  liberty  shall  be  promoted  and  not  retarded.  This  progress  may  not  be  pro 
moted  by  war  except  under  peculiar  circumstances.  Peace,  as  I  said  upon  a 
former  occasion,  is  the  true  policy  of  this  Republic.  "  Peace  is  the  animating 
genius  of  our  institutions,"  and,  indeed,  ought  to  be  of  all  nations. 

But  the  whole  world,  wherever  you  look,  with  the  exception  of  a  portion  of 
this  continent,  being  under  monarchical  governments,  I  desire  to  know  how  the 
oppressed  and  fettered  nations  of  the  earth  are  to  break  their  chains,  and  main 
tain  themselves  against  the  armies  of  despotism,  if  the  law  of  nations  reads  that 
there  shall  be  no  intervention  in  their  behalf? 

I  cannot  give  my  consent  to  any  proclamation  of  principles  which  may  be 
construed  to  abridge  the  right  and  sacred  duty  which  belongs  to  this  Govern 
ment  to  do  whatever  it  may  choose  to  do  in  aid  of  any  people  who  are  striving 
to  throw  off  the  yoke  of  despotism. 

But,  Mr.  President,  there  are,  in  my  judgment,  two  extremes,  which  should  be 
avoided  in  the  conduct  of  our  foreign  relations.  1st.  We  should  not  recklessly 
interfere  with  the  affairs  of  foreign  nations.  We  should  count  the  cost,  weigh 
well  the  duty  and  necessity,  and  be  sure  that  our  objects  are  practicable  and 
attainable,  consistent  with  the  principles  of  our  Government,  and  promotive  of 
human  liberty  and  happiness.  Washington,  and  the  master  spirits  of  that  age 
of  great  men,  knew  well  that  in  the  infancy  of  this  Government  we  were  not 
able  to  cope  with  the  European  belligerents  who  had  given  us  such  just  cause  of 
offence.  But  he  foresaw  the  period  when  this  Republic  would  be  able  not  only 
to  protect  itself,  but  to  stand  forth  as  one  of  the  greatest  powers  of  the  earth. 
He  foresaw,  likewise,  that  our  mission  was  not  compatible  with  any  entangling 
alliances  with  other  nations.  He  therefore  admonished  us  to  avoid  all  such  con 
nection.  Notwithstanding,  sir,  the  able  and  ingenious  manner  in  which  the  in 
vitation  has  been  given,  that  we  should  entangle  ourselves  in  a  coalition  with 
Great  Britain  to  dictate  this  new  law  of  non-intervention  to  all  nations,  I  am,  so 
far  as  it  respects  this  overture,  for  abiding  by  the  advice  of  Washington ;  I  want 
no  entangling  alliances. 

2d.  The  other  extreme  which  we  should  avoid,  and  into  which  so  many  are 
desirous  that  we  should  rush  headlong,  without  a  glance  to  the  future,  is,  that 
forgetting  all  our  obligations  and  duties  to  the  cause  of  humanity  and  to  tho 
principles  of  universal  freedom,  we  should,  from  unworthy  fears  or  a  false  con 
servatism,  hastily  decide  that  we  have  no  concern  in  the  condition  of  the  world 
beyond  our  own  boundaries;  and  precipitately  resolve,  that  in  no  event  and 
under  no  circumstances  shall  we  interfere  in  behalf  of  oppressed  nations. 

I  cannot  consent  to  yield  and  abandon  this  natural  right,  which  all  nations 
from  time  immemorial  have  exercised.  Sir,  I  say  that  intervention — not  for  the 
purpose  of  helping  an  odious  tyrant  to  put  down  liberty,  because  that  is  against 
the  laws  of  God  and  man,  but  in  behalf  of  "  an  oppressed  people  who  implore 
assistance" — is  not  only  in  conformity  with  the  universal  practice  of  nations,  but 
it  is  sustained  and  inculcated  by  the  best  authorities  on  public  law. 

Vattel  says: — 

"But,  if  the  prince  attacking  the  fundamental  law  give  his  subjects  a  legal 
right  to  resist  him, — if  tyranny,  becoming  insupportable,  obliges  the  nation  to 


APPENDIX   E.  97 

rise  in  their  defence — every  foreign  power  has  a  right  to  succour  an  oppressed 
people  who  implore  their  assistance/' 
Again,  the  same  author  says : — 

"  For,  when  a  people  from  good  reasons  take  up  arms  against  an  oppressor, 
justice  and  generosity  require  that  brave  men  should  be  assisted  in  defence  of 
their  liberties.  Whenever,  therefore,  a  civil  war  is  kindled  in  a  State,  foreign 
powers  may  assist  that  party  which  appears  to  them  to  have  justice  on  its  side. 
lie  who  assists  an  odious  tyrant — he  who  declares  for  an  unjust  and  rebellious 
people — offends  against  his  duty." 

So  much  for  the  law;  now  as  to  the  practice. 

Mr.  Wheaton  says,  in  his  history  of  the  '*  Modern  Law  of  Nations :" — 
"  The  first  war  of  the  French  Revolution  originated  in  the  application,  by  the 
allied  Powers,  of  the  principle  of  armed  intervention  to  the  internal  affairs  of 
France,  for  the  purpose  of  checking  the  progress  of  her  revolutionary  principles 
and  the  extension  of  her  military  power.     That  this  was  the  avowed  motive  of 
the  Powers  allied  in  the  continental  war  of  1792,  will  be  apparent  from  the 
examination  of  historical  documents." 
He  says  again  : — 

"  That  the  measures  adopted  by  Austria,  Russia,  and  Prussia,  at  the  Congress 
of  Troppau  and  of  Lay  bach,  in  respect  to  the  Neapolitan  Revolution  of  1820, 
were  founded  on  principles  adapted  to  give  the  great  Powers  of  the  European 
continent  a  perpetual  pretext  for  interfering  in  the  internal  concerns  of  its  differ 
ent  States." 

Mr.  Wheaton,  speaking  of  that  period  of  time  between  the  peace  of  West 
phalia  (1C48)  and  that  of  Utrecht,  (of  1813,)  says:— 

"  Whatever  disputes  might  arise  as  to  its  '(intervention)  application,  the 
principle  itself  was  acknowledged  on  all  hands." 

Sir,  I  well  know  that  the  opponents  of  intervention  are  In  the  habit  of  relying 
on  isolated  passages  from  writers  on  the  law  of  nations  in  support  of  this  doc 
trine.  But  it  will  be  found,  on  a  thorough  examination  of  those  writers,  that 
all  they  mean  to  say  is  that  no  nation  has  a  right  to  interfere  with  the  domestic 
concerns  or  the  municipal  institutions  of  foreign  countries,  or  to  stir  up  to  rebellion 
their  citizens  or  subjects.  But  they  all  agree  to  the  right  to  intervene  when  a 
people  have  actually  risen  and  are  striving  to  throw  off  intolerable  oppression. 

It  is  my  deliberate  opinion,  sir,  that  we  not  only  have  the  right,  but  that  it 
would  be  our  duty,  under  some  circumstances,  in  our  own  good  time,  when  the 
occasion  is  proper  and  it  may  be  practicable,  to  assist  any  people  who  rise  to^ 
achieve  their  liberties  and  to  establish  a  republican  government.  Sir,  it  has* 
been  practised  by  all  nations  from  time  immemorial ;  and  all  the  paper  pro 
mulgations  which  will  ever  be  made  will  never  stop  this  practice  among  nations. 
The  only  way  in  which  it  can  be  arrested  is  by  appealing  to  their  interest  and 
safety — by  boldly  declaring  that  we  will  interfere  whenever  it  suits  us.  Sir,  what 
law  will  they  or  do  they  consult  except  the  law  of  their  own  will  ?  You  cannot 
chain  up  the  great  Powers  of  the  earth  by  paper  declarations  of  the  law  of  na 
tions.  The  law  of  nations  in  modern  times,  as  well  as  of  old,  is  the  law  of  the 
strongest.  This  we  experienced  to  our  loss  and  sorrow  for  many  years,  during 
which  our  commerce  was  plundered  by  Great  Britain  and  France,  and  for  which 
redress  has  been  vainly  sought  up  to  this  time  by  our  suffering  fellow-citizens. 

It  is  true,  indeed,  that  nations  have  generally  exercised  this  right  for  the  pur 
poses  of  oppression  and  injustice,  and  in  hostility  to  the  rights  of  mankind. 
But  a  better  time  is  coming,  when  the  United  States  may  interpose  against  the 
oppressor  and  in  favour  of  the  oppressed. 

Therefore,  I  am  unwilling,  after  tyranny  has  so  long  had  sway,  and  lorded  it 
over  the  destinies  of  mankind,  now  to  avow  a  principle  which  leaves  to  its  ten 
der  mercies  the  happiness  of  the  whole  human  race. 

Sir,  an  avowal  by  us  of  the  principle  of  non-intervention  would  raise  a  wall 
around  this  Republic  as  high  as  heaven,  and  would  shut  in  the  light  of  liberty 
from  surrounding  nations.  The  avowal  of  such  a  principle  at  this  time  would 
be  received  with  one  universal  shout  of  joy  by  all  the  potentates  of  Europe,  and 


98  APPENDIX   E. 

with  one  universal  wail  of  lamentation  and  wo  by  all  true  lovers  of  freedom  on 
earth.  I  am  unwilling  to  gratify  the  despots  of  the  world  by  any  such  procla 
mation.  What  hope  would  remain  to  the  oppressed  after  such  a  declaration  ? 
The  radiant  light  which,  emanating  from  this  Republic,  has  so  long  cheered 
and  animated  their  hearts,  would  shine  no  longer;  all  would  look  black  and 
cheerless,  and  despair  would  settle  darkly  on  their  prospects. 

Besides,  would  not  the  establishment  of  the  principle  of  non-intervention  as 
the  law  of  nations  be  in  direct  opposition  to  the  principles  declared  by  Mr. 
Monroe  in  relation  to  this  continent  ?  Does  any  one  doubt  that  if  this  country 
felt  itself  bound,  under  no  circumstances  and  at  no  time,  to  interfere  with  the 
affairs  of  Europe,  that  before  many  years  monarchical  governments  would  be 
established  in  the  whole  Southern  portion  of  this  continent  ?  Does  any  one 
doubt  that,  before  many  years,  the  island  of  Cuba  would  be  a  dependency  of 
Great  Britain  ?  It  is,  then,  palpable  that  while  peace  is  the  policy  of  this  coun 
try,  and  while  we  should  always  bear  in  mind  the  admonition  of  Washington 
against  entangling  alliances,  that  it  would  be  suicidal  to  the  honour,  to  the  in 
terests  and  prospective  power,  of  this  Government,  if  the  United  States  should 
incur  any  obligation  by  which  they  would  forever  be  forbidden  from  interfering 
in  the  affairs  of  other  nations  whenever  circumstances  in  any  case  might  render 
it  necessary,  just,  and  expedient.  Therefore  it  seems  to  me  that  this  principle 
of  non-intervention  would  be  in  direct  violation  of  all  the  rights  and  duties  of  a 
free  and  independent  republic. 

Now,  sir,  in  the  practical  application  of  these  principles  to  the  important 
topic  of  the  day,  I  will  take  hold  of  that  idea  which  others  seem  to  have  handled 
with  such  significant  delicacy.  I  am  not  afraid  to  express  my  opinions  on  this 
subject,  or,  indeed,  on  any  other,  although  the  press  (which,  God  knows,  is 
brave  enough)  seem  to  shrink  from  touching  it ;  and  I  say,  for  one,  that  I  am 
not  prepared  to  go  to  war  with  Russia  on  account  of  Hungary,  partly  because 
Russia  is  our  old  and  true  and  faithful  friend,  and  partly  because  Hungarian 
liberty,  through  the  instrumentality  of  the  United  States,  is  at  present  an  idea 
Utopian  and  impracticable.  This  proposition  is  self-evident,  and  requires  no 
demonstration ;  it  is  an  impossible  thing,  and  what  is  impossible  cannot  be — 
never  comes  to  pass.  But,  Mr.  President,  though  I  am  not  prepared  nor  will 
ing  to  go  to  war  with  Russia,  or  to  disturb  the  present  state  of  things  in  Hun 
gary,  about  which  we  have  so  little  satisfactory  information,  I  will  once  more 
repeat,  and  declare  it  in  the  face  of  the  world,  as  my  opinion,  that  this  Govern 
ment  has  an  indisputable  and  perfect  right  to  interfere  whenever,  by  such  inter 
ference,  she  can  promote  her  own  interests  and  advance  the  cause  of  liberty ; 
whenever,  by  such  interference,  she  may  successfully  rescue  from  the  grasp  of 
tyranny  an  oppressed  nation,  whom  she  may  see  fit  to  assist  and  to  place  among 
the  independent  nations  of  the  world.  This  is  a  principle  which  we  cannot,  we 
dare  not,  we  never  will,  relinquish.  It  is  an  inherent  principle  of  nationality, 
under  no  pretence  whatever  to  be  surrendered. 

Sir,  if  tyrants  have  used  it  heretofore  to  enthrall  mankind,  this  growing  Re 
public  will,  some  of  these  days,  use  it  for  their  freedom.  In  peace  let  it  be 
maintained  with  unfaltering  tenacity;  in  war  let  it  be  asserted  by  all  the  power 
of  arms;  and  when  the  great  contest  begins,  as  before  1900  it  must,  between 
free  principles  and  the  right  of  self-government  and  despotic  power,  then  let  it 
be  inscribed  upon  all  our  banners — everywhere — wherever  they  float,  on  every 
sea,  and  land,  and  ocean,  and  continent,  where  the  warfare  rages,  let  it  herald 
the  advent  of  freedom  and  national  independence,  and  the  discomfiture  of 
tyranny  and  oppression. 

I  move  that  the  resolutions  be  laid  upon  the  table,  and  printed  for  the  use  of 
the  Senate. 


APPENDIX    E. 


99 


Remarks  of  Hon.  JR.  F.  Stockton,  of  New  Jersey,  on  the  Presentation 
of  the  Resolutions  of  the  Legislature  of  New  Jersey,  upon  the  Com 
promise  Measures. 

DELIVERED    IN    THE    SENATE    OF    THE    UNITED    STATES,    FEBRUARY    12,    1852. 

The  following  resolutions  of  the  Legislature  of  the  State  of  New  Jersey  were 
presented  to  the  Senate,  by  Mr.  Miller : — 

Whereas,  the  Constitution  of  the  United  States  is  a  compact  between  the  seve 
ral  States,  and  forms  the  basis  of  our  Federal  Union : 

And,  whereas,  the  said  States,  through  their  representatives,  in  sovereign 
capacities  as  States,  by  adopting  said  Constitution,  conceded  only  such  powers 
to  the  General  Government  as  were  necessary  "  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to  themselves 
and  posterity :" 

And,  whereas,  the  questions  which  agitated  the  country  arid  absorbed  so 
large  a  portion  of  the  time  of  last  session  of  the  Congress  of  the  United  States, — 
questions  in  their  nature  directly  opposed  to  the  spirit  and  compromises  of  the 
Constitution,  calculated  to  destroy  our  domestic  tranquillity  and  dismember  our 
glorious  Union, — were  happily  terminated  by  the  Compromise  Measures,  it  is 
deemed  the  imperative  duty  of  this  Legislature  to  express  their  sentiments  in 
relation  thereto :  Therefore, 

1.  Resolced,  (Senate  concurring,)  That  the  Constitution  of  the  United  States 
was  framed  in  the  spirit  of  wisdom  and  compromise,  is  the  bond  of  our  Federal 
Union,  and  can  only  be  preserved  by  a  strict  adherence  to  its  express  and  im 
plied  powers ;  that  New  Jersey,  one  of  the  original  thirteen  States,  has  always 
adhered  to  the  Constitution,  and  is  unalienably  attached  to  the  Union,  and  that 
she  will  resist,  to  the  extent  of  her  ability,  any  infraction  of  that  sacred  in 
strument. 

2.  Resolved,  (Senate  concurring,)  That  this  Legislature  cordially  approves  the 
measures  adopted  by  the  last  session  of  Congress,  known  as  the  "  Compromise 
Measures,"  and  that  every  patriot  in  every  part  of  our  widely-extended  country 
has  cause  to  rejoice  in  the  adoption  of  said  measures,  as  a  triumph  of  constitu 
tional  rights  over  a  spirit  of  wild  and  disorganizing  fanaticism. 

o.  Rejoiced,  (Senate  concurring,)  That  New  Jersey  will  abide  by  and  sustain 
the  Compromise  Measures,  and  that  her  Senators  in  the  Senate  of  the  United 
States  be  instructed,  and  our  Representatives  in  Congress  be  requested,  to  resist 
any  change,  alteration,  or  repeal  thereof. 

4.  Jtesdlced,   (Senate  concurring,)  That  the  Fugitive  Slave  Law  is  in  accord 
ance  witli  the  stipulations  of  the  Constitution  of  the  United  States,  and,  in  its 
provisions,  carries  out  the  spirit  and  letter  of  the  Constitution  in  its  compro 
mises,  upon  which  our  Union  is  founded. 

5.  Resolced,  (Senate  concurring,)  That  we  approve  of  the  patriotic  stand  taken 
by  the  Executive  of  the  United  States,  in  declaring  his  determination  to  execute 
and  enforce  all  laws  constitutionally  enacted,  and  that  the  people  of  New  Jersey 
will  sustain  him  in  so  doing. 

6.  Resolved,  (Senate  concurring,)  That  the  Governor  of  the  State  be  requested 
to  transmit  a  copy  of  these  resolutions  to  the  Governor  of  each  State  in  the 
Union,  and  to  each  of  our  Senators  and  Representatives  in  Congress. 

The  resolutions  having  been  read,  Mr.  Stockton  addressed  the  Senate  as 
follows: — 

MR.  PRESIDENT: — I  have  also  had  the  honour  to  receive  the  resolutions  passed 
by  the  Senate  and  General  Assembly  of  the  State  of  New  Jersey,  which  have 
just  been  presented  by  my  honourable  friend  and  colleague.  Those  resolutions, 
sir,  are  patriotic  and  explicit,  and  need  no  commendation  or  explanation  or  de- 


100  APPENDIX    E. 

fence  from  me.  Nor  is  it  necessary  that  I  should  follow  the  example  of  my  col 
league,  and  re-state  my  opinions  in  regard  to  the  important  matters  of  which 
they  treat,  further  than  to  say  that  I  entirely  concur  in  the  sentiments  which 
they  express.  I  have  heretofore  written  and  spoken  as  much  on  this  subject  as 
I  ought,  perhaps,  to  write  and  speak  on  any  subject;  and,  if  senators  and  the 
country  are  not  sufficiently  well  informed  in  regard  to  my  opinions,  it  certainly 
is  no  fault  of  mine.  It  would,  likewise,  be  quite  superfluous  for  me  to  enter 
upon  any  vindication  of  the  course  which  New  Jersey  has  taken  in  relation  to 
the  subject-matter  of  these  resolutions.  If,  unfortunately,  she  may,  by  that  course, 
have  alienated  from  her  the  affectionate  regard  of  any  of  her  sister  States  of  the 
North,  I  can  only  for  her  regret  such  a  result,  and  say  that  what  she  has  done 
was  intended  for  the  welfare  of  the  Union — the  whole  Union,  and  nothing  but  the 
Union.  It  was  not  that  "  she  loved  Csesar  less,  but  that  she  loved  Rome  more." 
If  the  men  of  the  South  are  not  satisfied  with  her  course,  all  that  I  will  say  to 
them  is  that  they  are  hard  to  please. 

Mr.  President,  it  is  a  subject  of  regret  as  well  as  surprise  to  me,  that  the 
differences  of  opinion  in  regard  to  the  construction  of  the  Constitution  should 
continue  to  excite  in  the  minds  of  a  portion  of  our  fellow-citizens  such  strong 
feelings  of  bitterness  and  resentment.  Differences  of  opinion  acrimonious  and 
exciting,  in  relation  to  the  interpretation  of  the  Constitution,  are  no  novelties. 
Bitter  controversies,  growing  out  of  such  diversities  of  opinion,  disturbed  the 
country  long  since  quite  as  generally  as  that  which  is  referred  to  by  these  reso 
lutions.  Happily,  they  were  not  of  long  duration.  They  subsided  when  the  will 
of  a  majority  of  the  States  became  known.  Why,  sir,  at  the  time  of  the  adop 
tion  of  the  Constitution,  great  diversities  of  opinion  existed  among  the  founders 
of  the  Republic.  Formidable  parties  in  Massachusetts,  in  New  York,  in  Penn 
sylvania,  and  in  Virginia,  vehemently  opposed  its  adoption,  and  in  many  of  the 
smaller  States  there  were  great  objections  to  some  of  its  provisions.  It  is  known 
that  it  was  not  the  plan  preferred  by  New  Jersey,  and  different  in  many  respects 
from  the  one  presented  by  that  pure  patriot  and  eminent  statesman  and  jurist, 
Judge  Patterson,  from  New  Jersey.  But  that  was  the  age  of  self-sacrificing 
virtue.  Our  fathers  sacrificed  their  feelings,  their  personal  interests  and  ambi 
tion,  to  the  public  safety.  They  magnanimously  acquiesced  in  the  will  of  the 
majority  of  the  States,  and  exerted  their  best  faculties  to  perfect  the  Constitution 
and  to  hand  it  down  to  posterity  as  a  bond  of  Union.  Following  the  example 
of  the  wise  and  patriotic  founders  of  the  Constitution  and  their  contemporaries,  I 
can  perceive  no  reason  why  we  should  refrain  from  uniting,  as  they  united,  in  a 
spirit  of  generous  conciliation,  to  preserve  the  Constitution  hereafter  from  in 
fraction  ;  and  to  restore  that  harmony  and  those  fraternal  feelings  which  should 
exist  between  the  different  parties  to  this  compact,  and  which  are  so  essential  to 
its  beneficial  existence  as  well  as  to  the  happiness  of  mankind. 

Mr.  President,  the  passage  of  these  resolutions  has  given  me  no  ordinary 
satisfaction.  They  were  unanimously  adopted  in  each  House  of  the  New  Jersey 
Legislature.  They  embody  the  undivided  sentiment  of  that  State.  There,  at 
least,  no  dissenting  voice  is  now  audible  in  opposition  to  the  Compromise 
Measures.  This  unanimous  declaration  of  the  opinions  of  New  Jersey  is  en 
titled  to  great  respect  from  the  States  of  this  Confederacy.  It  is  a  voice  from 
the  Flanders  of  Revolutionary  America.  New  Jersey  is  that  State  which,  more 
than  any  other,  was  the  battle-field  of  the  Revolution.  And  is  it  too  much  to  ex 
pect  that  her  example  should  exercise  a  salutary  influence  upon  Congress  and  the 
whole  country  for  all  time  ?  Certainly  not,  if  unsparing  sacrifices  for  the 
achievement  of  freedom  and  unfaltering  fidelity  in  maintaining  it  deserve  com 
mendation  and  respect. 

Sir,  New  Jersey  has  produced  her  heroes  and  her  statesmen,  but  not  her  his 
torian.  When  her  history  is  written,  that  will  be  her  eulogy.  There  is  no  stain 
on  her  escutcheon.  Her  sons  can  trace  back  their  ancestry  through  many  gene 
rations  without  finding  their  blood  curdling  in  the  veins  of  a  slave.  Her  terri 
tory  was  settled  by  freemen — by  men  whose  pride  it  was  not  only  to  be  free,  but 
just.  True  to  themselves,  and  true  to  virtue  and  patriotism,  no  foot  of  her  soil 
was  wrenched  by  fraud  or  force  from  the  original  savage  proprietors.  The  last 


APPENDIX   E.  101 

shadow  of  an  Indian  claim,  a  claim  to  some  reserved  hunting  and  fishing 
grounds,  was  voluntarily  extinguished  by  purchase  many  years  ago.  She  has 
as  much  pride  in  looking  back  to  her  colonial  as  to  her  national  history.  In 
the  long  struggle  with  insolent  governors  and  royal  prerogative,  her  people  were 
never  driven  back  one  hair-line  from  the  assertion  and  maintenance  of  all  the 
rights  conferred  upon  them  by  their  original  grant ;  and  when  the  final  struggle 
for  independence  came  she  was  then  among  the  first  to  enter  the  bloody  arena. 
She  threw  overboard  the  royal  Government  and  established  a  free  Constitution 
before  the  Declaration  of  Independence,  and  in  advance  of  her  sister  States, 
with  the  exception,  I  believe,  of  New  Hampshire  and  South  Carolina.  Of  the 
part  which  she  took  in  that  memorable  struggle  she  has  memorials  which  will 
never  perish.  Bunker  Hill,  and  Lexington,  and  Brandywine,  and  Charleston, 
were  glorious,  but  not  altogether  successful,  fields.  They  wear  the  laurels  of 
Thermopylae.  But  the  Marathons  of  the  Revolution  are  in  New  Jersey.  Tren 
ton,  Princeton,  and  Monmouth,  commemorate  victories.  From  their  bloody 
fields  freedom  sprung  disenthralled  and  invigorated.  None  of  the  "  old  thir 
teen"  made  more  costly  pledges  to  the  cause  of  liberty  and  the  Union.  On  her 
territory  everywhere  may  be  seen  the  marks  of  hostile  armies.  She  was  lite 
rally  baptized  in  blood.  None  of  her  old  household  homesteads  but  are  rich 
with  the  legendary  tales  of  plunder  and  cruelty  suffered  at  the  hands  of  the 
enemy.  Few  of  her  old  families  but  gave  of  their  best  blood  to  the  cause  ;  and 
when  the  struggle  was  ended  she  reposed  on  the  sacrifices  she  had  made,  and 
left  to  others  the  task  of  boasting  of  their  achievements.  She  had  performed 
her  duty  and  was  satisfied. 

Nor  has  New  Jersey  been  less  true  to  the  Union  in  peace  than  in  war. 
Among  the  first  in  her  exertions  to  achieve  our  liberties,  she  yields  to  none  the 
palm  of  superior  exertions  in  maintaining  them.  When  the  imperfections  of 
the  articles  of  the  old  confederation  became  manifest,  she  was  the  first  to  clothe 
her  commissioners  to  the  convention  at  Annapolis,  in  1786,  with  full  powers  to 
remodel  the  whole  form  of  Government.  She  united  with  New  York,  Pennsyl 
vania,  Delaware,  and  Virginia,  in  giving  the  first  impulse  to  the  movement  which 
produced  the  Constitution.  She  was  only  second  to  Virginia  in  sending  dele 
gates  to  the  Constitutional  Convention  ;  and  when  the  Constitution  was  formed 
she  took  the  lead,  with  Pennsylvania  and  Delaware,  in  its  ratification.  She 
was  the  first,  as  I  stated  the  other  day,  to  approve  the  important  amendments 
to  the  Constitution  which  secured  freedom  of  religion  and  of  speech,  and  the 
right  of  petition,  which  have  been  the  safeguards  of  the  States  against  the  en 
croachments  of  the  General  Government.  She  furnished  her  full  proportion  of 
those  great  men  whose  eloquence  and  wisdom  have  guided  your  public  coun 
cils,  and  whose  heroism  has  adorned  your  military  annals.  The  first  bright 
names  given  to  glory  in  the  war  of  1812  were  those  of  Pike  and  Lawrence,  true 
representatives  of  the  Jersey  Blues.  The  first  died  in  the  arms  of  victory  at 
Little  York ;  the  other  with  the  memorable  words  "  Don't  give  up  the  ship"  on 
his  lips.  There  she  is.  Though  small  comparatively  in  territory,  she  yields  to 
none  in  honour,  virtue,  and  patriotism.  She  has  never  been  at  your  doors  beg 
ging  importunately  for  her  share  of  the  "  loaves  and  fishes."  If  in  the  lifetime 
of  this  Government,  now  embracing  a  period  of  three  generations  of  men,  she 
has  ever  had  more  than  two  secretaries  of  a  department  and  one  judge  of  the 
Supreme  Court,  I  have  forgotten  it.  She  has  never  had  even  one  foreign  minis 
ter.  With  a  long  extent  of  sea-coast,  and  with  an  imperfect  tide-water  naviga 
tion  running  into  the  heart  of  the  State,  she  has  never  received  any  assistance 
from  the  General  Government  worthy  a  name  in  aid  of  her  harbours  and  rivers. 
With  her  mountains  full  of  iron,  zinc,  and  other  minerals — with  her  territory 
dotted  all  over  with  manufacturing  establishments — she  has  borne  without  a 
murmur  her  share  of  the  injuries  sustained  from  an  ever-changing  revenue  sys 
tem.  It  may  be  truly  said  of  her  that,  while  she  has  borne  her  full  proportion 
of  the  burdens  of  the  Government,  of  its  direct  benefits  she  has  asked  little  and 
received  less.  Still,  there  she  stands,  this  day  as  of  old,  heart  and  hand,  with 
her  treasure  and  her  resourcos  and  her  blood  pledged  to  a  strict  construction  of 
the  Constitution  and  to  the  Union  of  the  States. 


102  APPENDIX   E. 

In  the  name  of  a  patriotic,  generous,  and  heroic  constituency — ay,  sir,  if  my 
colleague  will  permit  me  to  say,  in  the  name  of  every  man,  woman,  and  think 
ing  child  in  the  State  of  New  Jersey — I  place  my  hand  on  that  sacred  instru 
ment  and  declare  for  me  and  mine  that  no  letter  of  it  shall  be  infracted,  if  we 
can  help  it,  neither  by  Northern  or  Southern  unwise  counsels.  If  wrongs  exist, 
they  must  be  redressed  by  law  and  according  to  the  Constitution.  But  this 
Union  of  the  States — the  world's  wonder — is  the  common  heritage,  as  it  is  the 
common  glory,  of  all  the  people  of  all  the  States.  We  must  not  permit  one 
link  of  that  golden  chain  to  be  broken  and  the  hopes  and  happiness  of  man 
kind,  for  all  coming  time,  to  be  blighted  in  the  bud  by  wild  fanaticism  or  hasty 
passion. 

The  motion  to  print  was  agreed  to. 


Remarks  of  the  Hon.  R.  F.  Stockton,  of  New  Jersey,  on  the  Bill  to 

increase  the  efficiency  of  the  Army  and  Navy. 

The  Bill  to  increase  the  efficiency  of  the  Army  and  Navy,  by  a  retired  list  for 
disabled  officers,  being  under  consideration,  Mr.  Stockton  said: 

Mr.  PRESIDENT: — I  have  no  objection  to  the  postponement  of  this  bill  till  to 
morrow  ;  nay,  I  desire  that  it  may  be  postponed  to  a  still  more  remote  period. 
I  do  ri~ot  rise,  however,  to  discuss  that  question,  but  simply  to  ask  the  chairman 
of  the  Military  Committee,  if  he  is  not  willing  to  leave  the  business  of  the  Navy 
in  the  Senate  to  the  Naval  Committee,  and  whether  he  will  not  be  kind  enough, 
in  the  generosity  of  his  temper,  to  believe  that  the  Naval  Committee  will 
use  their  best  exertions  in  behalf  of  the  navy,  and  if  he  will  not  consent  to 
strike  out  of  the  bill  the  words  "  the  Navy,  and  to  the  Marine  Corps." 

Mr.  Shields. — I  am  perfectly  willing  to  refer  the  whole  matter  to  the  Naval 
Committee,  and  they  will  do  me  a  very  great  favour  if  they  will  take  it  upon 
their  shoulders.  The  Committee  on  Military  Affairs  have  included  the  navy  in 
this  bill,  because,  on  a  former  occasion,  the  Committee  on  Naval  Affairs  felt  it 
rather  hard  because  we  introduced  a  bill  for  the  army,  and  did  not  include  the 
navy.  And  another  reason  for  including  both  in  one  bill,  was  that  they  might 
be  precisely  upon  the  same  footing ;  because,  if  one  bill  is  brought  in  for  the 
army,  and  another  for  the  navy,  they  might  differ  in  principle  and  in  detail. 
But  I  will  consent,  if  the  senator  wishes  it,  to  refer  the  whole  subject  to  the 
Naval  Committee,  and  let  them  investigate  it. 

Mr.  Stockton. — The  honourable  senator  would  then  commit  a  greater  error 
still,  in  my  opinion,  by  referring  to  the  Committee  on  Naval  Affairs  an  import 
ant  subject,  of  which  they  know  little  or  nothing  in  comparison  with  the  expe 
rience  and  knowledge  which  his  own  gallant  services  have  afforded  him.  He  is 
well  acquainted — no  one  is  better  acquainted — with  the  wants  of  the  army,  and 
no  one  can  or  will  do  it  more  justice.  I  have  no  doubt  he  is  equally  disposed  to 
do  justice  to  the  navy;  but  certainly  there  is  a  difference  between  the  wants  of 
the  army  and  those  of  the  navy  of  the  United  States  in  many  particulars,  and 
perhaps  in  none  more  so  than  in  the  matters  of  efficiency  and  discipline.  That 
the  navy  of  the  United  States  requires  some  reform  in  several  particulars,  I 
think  there  are  but  few  who  doubt ;  but  this  bill  cannot  secure  the  reforms 
adverted  to,  some  of  which  I  will  mention  before  I  resume  my  seat,  at  the  risk 
of  being  tedious.  Sir,  this  bill  confers  but  little  power  that  is  not  already  vested 
by  law  in  the  Executive  Department  of  the  Government.  The  President  of  the 
United  States  and  the  Secretary  of  the  Navy  may  now  put  any  officer  on  fur 
lough  who  cannot  perform  his  duty ;  and  why  do  they  not  exercise  that  power, 
unpleasant,  I  grant ;  yet  the  efficiency  of  the  navy  calls  loudly  for  its  exercise, 
disagreeable  as  it  may  be.  Why  is  it  that  senators  ask  us  to  stand  between  the 
Executive  Government  and  the  people  in  regard  to  their  proper  responsibilities? 
The  law,  sir,  has  already  given  them  power  to  clear  away  all  this  rubbish  of 
•which  the  honourable  Chairman  of  the  Committee  on  Military  Affairs  speaks. 


APPENDIX    E.  103 

Such  persons  as  he  speaks  of  have  no  business  in  the  navy.  They  ought  to 
have  been  furloughed  long  ago.  The  channel  should  have  been  opened  before 
tliis,  and  in  a  different  way.  The  best  officers  of  the  navy  should  have  been 
called  up  to  the  performance  of  the  highest  duties  of  the  profession,  without 
regard  to  their  rank.  The  reason  that  they  have  not  been  so  called  is  to  be  found 
in  the  imbecility  of  the  Government.  They  have  the  power  now,  let  them  take 
the  responsibility  of  exercising  it. 

Sir,  if  it  be  necessary  for  the  Senate  now  to  interfere,  let  us  have  a  well-con 
sidered  system.  Let  us  begin  and  make  a  thorough  reform.  But  is  it  wise  to 
do  this  now?  to  do  this  on  the  eve  of  the  outgoing  of  an  administration?  The 
Committee  on  Naval  Affairs,  I  believe,  for  twelve  months,  have  thought  of  nothing 
more  earnestly  and  anxiously  than  naval  reform,  and  they  design  to  submit,  at 
a  proper  time,  to  the  Senate,  their  views  of  that  reform.  "But  they  wish  to  do  it 
thoroughly,  and  intend  to  begin  at  the  Navy  Department. 

Sir,  all  the  members  of  that  committee  cherish  a  regard,  a  patriotic  love,  for 
the  navy.  They  cherish  those  feelings  not  only  on  account  of  the  remembrances 
of  the  past,  but  the  anticipations  of  the  future.  They  remember  that  this 
nation  is  indebted  to  the  navy  more  than  to  the  army,  or  to  all  the  other  defen 
sive  institutions  of  the  country,  for  its  present  lofty  and  prosperous  position. 
That  I  say  without  fear  of  contradiction.  Sir,  when  dismay  pervaded  this 
country,  when  the  dark  cloud  of  misfortune  was  hovering  over  you,  when  defeat 
followed  defeat  in  your  army,  whose  shouts  of  triumph  reanimated  and  rein- 
vigorated  the  patriot's  heart?  It  was  your  gallant  navy.  And  yet,  sir,  the 
honourable  senator  from  New  Hampshire  (Mr.  Hale)  only  on  yesterday  com 
plained  of  the  expenses  of  the  navy.  Sir,  the  expenses  of  our  navy  are  nothing 
in  comparison  with  its  importance,  its  usefulness.  They  never  have  been.  One 
battle,  the  battle  of  the  Constitution  and  Guerriere,  was  worth  more  to  this 
nation  than  all  the  treasure  that  has  ever  been  expended  upon  the  navy.  Re 
member,  that  at  the  time  of  which  I  speak  the  British  navy  and  invincibility 
were,  in  the  minds  of  most  of  our  countrymen,  one  and  the  same  thing;  and 
remember,  also,  that  your  Executive  quailed  before  the  terrors  of  that  invinci 
bility.  Your  ships  were  ordered  to  be  laid  up,  and  your  coast  and  mercantile 
marine  abandoned  to  the  enemy. 

It  was  an  officer  of  the  navy  (Hull)  who,  against  authority,  without  orders,  in 
opposition  to  the  will  of  the  Government,  put  to  sea,  and  with  his  noble  ship 
and  gallant  crew  achieved  for  you  that  victory  which  astonished  the  world  and 
electrified  our  own  Government  and  people;  and,  from  its  moral  effect,  was 
worth,  as  I  have  said,  all  the  money  you  have  ever  expended  upon  the  navy. 
The  importance,  the  effect,  the  value  of  that  fight  of  Hull's  it  is  impossible  to 
measure  or  to  explain.  In  fifteen  minutes  the  trident  of  Neptune  was  wrested 
from  the  grasp  of  that  heretofore  invincible  navy.  At  that  time,  the  idea  of 
British  invincibility  was  so  common,  hardly  a  man  out  of  the  navy,  perhaps, 
who  did  not  believe  that  one  British  frigate  could  take  two  or  three  American 
frigates.  Now  sir,  bearing  in  mind  this  state  of  public  feeling,  with  such  odds 
against  them,  let  me  call  up  before  the  Senate  some  reminiscences  of  the  past. 
Let  me  state  one  fact,  if  no  more,  to  show  the  obligation  you  are  under,  not  only 
to  the  ship,  but  to  the  officer,  and  to  illustrate  the  cause  of  this  victory  to  have 
been  the  superiority  of  your  men.  You  have  as  good  materials  now,  but  we 
must  keep  up  with  the  progress,  the  improvement  of  the  age  in  which  we  live. 

"  See  the  bold  Constitution  the  Guerriere  o'ertaking, 
AVhile  the  sea  from  her  fury  divides." 

See,  likewise,  that  haughty  invincible  British  frigate  lying  to  leeward  under 
easy  sail,  impatiently  waiting  the  encounter.  See  her  crew,  elated  with  the 
remembrances  of  a  hundred  battles,  in  the  hope,  the  joy,  the  expectation  of  an 
easy  conquest.  Hear  their  shouts  of  anticipated  triumph,  only  checked  by  the 
certainty  of  too  easy  a  victory.  Look  again  to  your  own  "Constitution."  See 
lier  bearing  down  on  that  frigate,  that  invincible  frigate  with  St.  George's  impe 
rious  and  arrogant  ensign  streaming  from  her  mast-head.  All  is  silent  on  the 
Constitution  ;  no  hurrying  to  or  fro,  no  confusion ;  all  ready  to  fight  and  to  die 


104  APPENDIX   E. 

for  their  country.  Again,  sir,  on  board  the  British  ship  all  is  bustle,  and  hurry, 
and  exultation  of  anticipated  victory.  All  is  still  as  death  on  board  the  Consti 
tution.  Sir,  we  can  all  feel  the  anxiety  of  that  moment,  but  I  cannot  describe 
it.  I  speak  not  merely  of  their  courage,  but  of  their  devotion  to  their  country 
and  to  their  flag;  they  had  resolved  to  do  or  die.  She  bore  down  on  the  British 
frigate  without  a  whisper  being  heard  on  her  peopled  deck. 

They  had  heard  of  raking  fires ;  they  well  knew  their  destructive  effect.  They 
had  heard  of  the  memorable  tactics  of  the  British  navy,  and  soon  perceived 
that  the  captain  of  the  British  frigate  was  not  to  be  satisfied  with  simply  taking 
them,  but  he  would  do  it  in  the  most  approved  manner.  Steadily  Hull  goes 
down,  nothing  daunted.  The  British  frigate  fires  a  raking  broadside,  and  then 
wore  round  and  fired  another.  Steadily  Hull  keeps  his  course.  By-and-by  the 
first  Lieutenant  of  the  Constitution  asked  Captain  Hull  if  he  should  return  the 
fire.  Hull  inquired,  "Have  you  lost  any  men?"  "No,  sir."  "Wait  a  while," 
said  Hull.  Steadily  he  keeps  his  course  until  he  gets  within  pistol-shot,  and 
then,  rounding  to  as  if  for  a  salute,  with  one  broadside  decided  the  victory. 

Now,  sir,  some  of  these,  perhaps,  are  among  the  men  whom  you  propose  by 
this  bill,  unceremoniously,  if  you  please,  by  the  will  of  the  President  to  put 
upon  a  retired  list,  and  with  them  you  would,  perhaps,  put  some  of  the  men  who 
ran  from  the  defence  of  the  frigate  Chesapeake.  Would  you,  sir,  put  men  who, 
when  the  English  boarded  their  ship,  ran  below,  on  the  same  list  with  the  gal 
lant  victors  of  the  Constitution?  Is  that  just?  Therefore  I  say,  that  the  chair 
man  of  the  Military  Committee  has,  in  my  judgment,  not  well  considered  this 
bill,  so  far  as  regards  the  navy.  If  we  are  to  have  a  retired  list,  we  should  have 
two  lists.  We  should  have  one  which  would  be  for  such  men  as  Hull,  and  such 
men  as  Morgan,  the  gentleman  who  was  before  the  Senate  yesterday  on  indict 
ment  by  the  senator  from  New  Hampshire.  He  is  one  of  the  most  gallant  men 
I  ever  knew,  and  when  the  Constitution  got  foul  of  the  Guerricre,  he  went  up 
into  the  mizen-rigging,  and,  having  looked  down,  sung  out  to  his  shipmates, 
"They  have  all  run  away  from  their  guns;  let  us  board!"  And  this  he  did 
amid  showers  of  musket- shot  which  fell  around  him.  That  was  the  officer  who 
was  arraigned  here  yesterday. 

Sir,  I  ask  the  honourable  chairman  of  the  Committee  on  Military  Affairs  to 
allow  the  Committee  on  Naval  Affairs,  who  perhaps  have  reflected  on  this  sub 
ject  as  much  as  any  other  members  of  this  body,  to  take  care  of  the  interests 
of  the  navy  for  the  present — let  them  have  further  trial. 

But  I  must  in  candour  say,  that  that  committee,  I  believe,  are  not  ready  to-day 
to  report  on  so  important  a  matter  as  the  reorganization  of  the  navy.  The  navy 
has  not  only  been  important,  but  with  these  warlike  resolutions  and  these  war 
like  speeches  ringing  in  our  ears  day  after  day,  I  consider  it  quite  as  important, 
at  this  time,  as  it  ever  has  been.  "The  navy  is  now,  I  will  undertake  to  say, 
good  for  nothing  for  the  purposes  of  war;  and  I  would  rather  make  a  motion 
now  to  abolish  the  navy  of  the  United  States,  than  undertake  to  mend  and  patch 
it  up  by  piecemeal.  Let  us  go  at  it  in  good  earnest,  and  see  what  we  can  do 
for  it.  It  has  happened  with  the  navy,  that  since  its  first  establishment  there 
has  never  been  any  overhauling  of  its  "personnel."  The  army  has  been  pruned 
and  culled  two  or  three  times,  but  the  navy  has  never  been  interfered  with  in 
that  way.  The  Government  has  always  acted  on  the  presumption  that  a  boy 
who  entered  the  navy  when  he  was  twelve  years  of  age  was  capable  of  com 
manding  a  ship  and  wearing  the  epaulets  of  a  captain  whenever  he  was  pro 
moted  in  turn  to  that  rank.  Apply  that  rule  to  the  pursuits  of  the  world  gene 
rally  ;  take  any  hundred  men  who  promised  well  in  their  youth,  and  how  many 
of  them  will  you  find  who  have  realized  the  fond  expectations  of  friends  when 
they  arrived  at  the  age  of  manhood  ? 

The  thing  speaks  for  itself.  The  navy  needs  reforming,  not  only  because  it 
never  has  been  reformed,  but  because  most  of  those  persons  who  got  appoint 
ments  in  the  navy  when  boys  are  there  now,  and  some  of  them  totally  disquali 
fied  for  efficient  service.  The  consequence  of  this  system  is,  all  the  old  officers 
who  are  in  the  service  must  continue  to  fill  the  most  important  places,  fit  or 
unfit.  Many  of  them  arc  of  high  character,  and  have  rendered  the  country 


APPENDIX   E.  105 

great  services,  and  should  be  honoured,  but  not  employed  where  younger  men 
would  do  better.  They  do  not  belong  to  the  school  of  progress;  they  may  be 
old  men  who  have  not  thought  it  necessary  to  keep  up  with  the  constant  pro 
gress  of  naval  affairs  in  the  world.  They  may  be  men  of  high  honour,  of  great 
courage,  of  exalted  worth,  men  who  maintained  the  honour  and  glory  of  the 
country  in  the  battle  and  the  breeze.  But,  sir,  old  age  has  come;  they  must 
retire ;  but  for  such  it  should  be  an  honourable  retirement.  The  ardour,  the  fire 
of  youth  is  gone ;  they  feel  not  the  same  motives  to  excite  them  to  exertion  as 
younger  men,  who  are  in  the  meridian  of  life,  and  who  by  the  present  system 
are  kept  entirely  without  employment  such  as  their  talents  demand,  until  they, 
in  like  manner,  are  borne  down  with  years. 

Sir,  I  hold  that  this  Government  has  nothing  to  do  with  commiseration  or  pity 
in  this  matter  of  reorganizing  the  navy.  We  are  bound  to  do  justice  to  the 
country  as  well  as  to  the  officers.  I  hold  that  the  nation  is  entitled  to  the  ser 
vices,  and  the  best  services,  of  the  best  men  in  its  employ;  and  I  say  that  any 
system  which  precludes  the  employment  of  the  best  men  in  any  branch  of  the 
service  is  radically  wrong,  and  it  ought  to  be  changed ;  I  care  not  by  what  pro 
cess  it  is  changed.  No  appeal  can  be  made  to  my  sympathies  or  feelings.  I  am 
willing  to  pay  money  to  these  officers,  if  that  is  all  that  is  required ;  but  I  am 
not  willing  that  they  should  be  in  the  way  of  others,  and  thus  to  balance  the 
account  with  their  country  by  doing  as  much  harm  as  good.  The  Executive 
has,  as  I  have  before  observed,  the  power  to  correct  most  of  the  evils  complained 
of;  but  he  will  not  do  it  if  the  present  system  is  continued.  I  shall  take  some 
proper  occasion  to  recommend  an  entirely  new  organization  of  the  Navy  Depart 
ment.  You  generally  have  a  Secretary  of  the  Navy  who  knows  nothing  in  the 
world  about  naval  matters.  He  is  brought  here  from  his  profession,  and  has 
to  depend  upon  others  for  all  the  information  he  gets,  and  those  others  in  nowise 
responsible  for  their  advice.  His  word  is  the  law.  If  a  squadron  is  to  be  fitted 
out,  he,  under  the  direction  of  the  President,  orders  the  ships  and  their  officers 
without  knowing  any  thing  about  them. 

Sir,  this  one-man  power  will  not  do  in  such  an  establishment.  I  think  that 
there  is  no  living  man  that  has  the  intellectual  or  physical  power  to  perform  the 
duties  of  the  Navy  Department  as  they  ought  to  be  performed  injustice  to  the 
country.  Mr.  President,  I  look  to  the  navy  as  the  bulwark  of  our  honour  if 
not  safety ;  and  I  tell  you,  sir,  that  all  your  famous  schemes  in  reference  to 
Cuba  will  vanish  like  mist  before  the  wind,  and  gentlemen  will  regret  the  war 
like  speeches  which  they  have  made,  if  you  do  not  look  to  your  navy  in  time. 
Look  at  the  threatening  aspect  of  France  and  England.  It  has  amazed  me  that  we 
are  so  indifferent  about  the  only  means  you  have  to  defend  your  honour.  Sup 
pose  Europe  should  combine  against  you,  as  they  would  have  done  long  ago,  if 
there  had  been  a  monarch  there  of  sagacity  and  boldness  worth  the  gold  in  his 
crown.  Every  one  of  your  ports  would  have  been  blockaded.  They  would 
have  forbidden  you  to  go  on  the  ocean.  They  would  have  declared  that,  as  you 
had  assumed  this  continent  to  be  your  own,  you  should  leave  the  ocean  to  them. 
In  such  a  case  how  would  you  have  fared  twenty-five  years  ago  ?  It  is  very 
easy  to  bully  and  boast ;  but  I  know  the  effect  of  a  32-pound  shot  at  sea  at  any 
rate,  and  I  know  that  a  man's  heart  cannot  save  his  head  in  such  a  case.  Let  me 
assure  senators,  while  I  am  discoursing  upon  this  subject,  that  I  am  speaking  to 
the  most  important  subject  which,  in  my  opinion,  can  now  occupy  the  attention 
of  American  statesmen. 

Mr.  President,  I  repeat  that  the  Secretary  of  the  Navy  should  have  responsible 
advisers,  and  that  in  all  the  details  he  should  have  his  vote,  and  that  is  all.  He 
is  a  Cabinet  Minister.  The  President  has  the  power  of  appointing  him.  I  would 
have  it  so — he  may  know  all  about  those  duties.  But  I  would  have  him  in 
structed  in  all  those  branches  in  which  he  is  deficient,  not  by  casual  itinerant 
teachers,  but  by  known  responsible  instructors.  Sir,  I  would  have  a  Board 
established.  I  would  have  that  Board  composed  of  the  heads  of  all  tho 
bureaus.  I  would  have  them  meet  at  a  given  hour  every  day.  I  would 
have  the  Secretary  of  the  Navy  ex-qfficio  president  of  the  Board,  and  the 
modus  operandi  of  such  organization  would  be  this :  — When  the  President 


106  APPENDIX   E. 

and  Congress  wanted  a  fleet  to  go  to  the  West  Indies  or  to  the  East  Indies, 
or  anywhere  else,  the  order  would  be  presented  to  the  Board,  the  ships  and 
the  officers  would  be  selected  by  it,  and  so,  through  the  instrumentality  of 
this  Board,  the  Government  and  people  would  have  the  benefit,  as  they  ought 
to  have,  of  the  best  experience  and  the  best  knowledge  in  the  navy  upon 
every  given  question.  As  it  now  stands,  you  have  several  irresponsible  bu 
reaus.  The  officer  at  the  head  of  the  Ordnance  bureau  may  know  more  about 
construction,  yet  he  has  nothing  to  say  about  it;  he  is  to  look  to  the  guns  and 
to  nothing  else.  The  officer  who  has  charge  of  the  construction  may  know  more 
about  ordnance,  yet  he  has  nothing  to  say  about  the  ordnance.  Now,  I  say  that 
the  whole  power  of  these  bureaus  should  be  brought  to  bear  upon  every  question, 
not  only  in  regard  to  the  construction  of  ships,  but  the  appointment  of  officers. 
In  my  judgment,  sir,  there  would  be  less  probability  of  injustice  being  done  by 
this  process  than  in  any  other  ;  especially,  you  would  have  some  responsible  men 
to  look  to.  Who  is  responsible  now  in  the  navy  ?  Who  is  responsible  for  the 
present  condition  of  the  navy  ?  Who  is  responsible  for  the  building  or  repair 
ing  of  the  vessels?  I  must  say  one  word  only  about  that  matter.  I  ask,  who  is 
responsible  for  the  failure  of  the  Princeton?  They  took  the  name  of  the  most 
effective  and  useful  ship-of-war  that  ever  floated  in  our  waters,  the  most  for 
midable  man-of-war  that  was  ever  put  in  commission  in  this  country,  a  ship 
that  could  have  defied  the  whole  American  navy,  and  gave  it  to  this  abortion  of 
which  we  have  heard  so  much  of  late.  They  disregarded  her  model,  her  con 
struction,  and  her  engine,  and,  from  being  the  first  ship  in  the  country,  she  is 
now  the  scorn  of  all  seamen  and  all  engineers. 

And  again,  I  ask,  who  is  responsible  ?  You  may  go  on  and  reform  the  officers. 
But  while  the  Secretary  of  the  Navy  is  allowed  to  remain  with  his  present 
honours  and  powers,  and  in  perpetual  ignorance,  the  reform  of  the  officers  will 
not  amount  to  much.  Sir,  I  want  to  reform  the  Secretary.  I  do  not  allude  par 
ticularly  to  the  present  Secretary.  But  that  will  be  done  before  long.  Then, 
if  another  Secretary  cannot,  or  will  not,  reform  the  navy,  I  hope  Congress  will 
take  it  in  hand  in  good  earnest ;  but,  sir,  once  more  I  say  that  it  seems  to  me 
there  is  no  responsibility  anywhere  in  the  navy.  The  other  day  they  built  a 
dock  in  Philadelphia,  and  incurred  the  expense  of  fitting  a  ship  in  New  York 
or  some  other  Eastern  port  to  be  taken  to  Philadelphia  and  put  in  the  dock. 
When  she  arrived  there,  it  was  found,  not  before,  but  after,  her  arrival,  that  there 
was  not  water  enough  to  permit  her  to  be  taken  upon  the  dock.  Yet,  sir,  as  far 
as  I  have  been  informed,  nobody  is  responsible;  and  so,  after  this  manner,  has 
the  navy  of  the  country  been  disgraced  time  after  time  and  year  after  year. 

Mr.  President,  my  object,  as  one  of  the  Naval  Committee,  has  been,  and  is,  to 
endeavour  to  perfect  the  whole  naval  system,  by  beginning  at  the  head,  and 
making  everybody  responsible  that  can  be  made  responsible,  and  to  insure,  as 
far  as  possible,  to  the  people  of  the  United  States  the  benefit  of  all  the  experi 
ence  and  knowledge  that  may  be  in  the  navy.  And  now,  sir,  I  ask  my  friend, 
the  chairman  of  the  Committee  on  Military  Affairs,  whether  he  will  not  trust  the 
Committee  on  Naval  Affairs  with  this  matter,  and  strike  out  of  his  bill  that  por 
tion  of  it  which  relates  to  the  Navy  and  Marine  corps? 

.  Mr.  Shields. — I  wish  to  assure  my  honourable  and  gallant  friend,  the  senator 
from  New  Jersey,  that  we  do  not  want  to  interfere  in  any  way  with  the  pre 
rogatives  of  the  Naval  Committee.  But,  on  former  occasions,  some  difficulties 
arose  in  the  Senate  because  the  Military  Committee  brought  in  one  bill  and  the 
Naval  Committee  brought  in  another,  and  hence  the  Military  Committee  thought 
it  would  be  better  that  we  should  agree  on  one  bill  and  apply  it  to  both  services. 
We  drew  up  the  bill  precisely  in  pursuance  of  that  understanding.  We  drafted 
it  in  accordance  with  the  bills  that  have  been  heretofore  reported ;  but  if  the 
honourable  senator  wishes  to  have  charge  of  the  subject,  and  is  not  satisfied 
with  this  bill,  I  am,  for  one,  heartily  willing  that  he  should  take  the  whole  sub 
ject  into  his  own  charge. 

When  the  honourable  senator  rose  he  said  he  did  not  mean  to  discuss  this  bill, 
and  I  think  he  has  kept  his  word;  I  do  not  believe  he  has  discussed  the  measure 
before  the  Senate,  although  he  has  discussed  the  merits  and  condition  of  the 


APPENDIX   E.  107 

navy  to  my  delight  and  satisfaction.  But,  Mr.  President,  there  is  one  thing  in 
which  I  cannot  follow  the  honourable  senator,  and  that  is,  in  drawing  a  contrast 
between  the  navy  and  the  army.  That  honourable  and  distinguished  senator 
says  that  the  navy  has  done  a  great  deal  more  than  the  army.  Now,  I  believe 
that  both  have  done  their  duty  tolerably  well,  and  I  am  satisfied  they  will  do 
their  duty  again,  although  the  honourable  senator  says  that  the  navy  is  not 
worth  any  thing  now.  I  am  inclined  to  believe  that  perhaps  it  has  suffered  very 
much  since  his  retirement  from  the  service.  His  retirement  must  be  partly  the 
reason  for  its  decline. 

I  agree  with  him  in  reference  to  the  necessity  of  a  reformation  of  the  navy; 
and  nothing  would  give  me  more  satisfaction  than  to  see  my  honourable  friend 
in  a  position  which  would  enable  him  to  reform  it,  root  and  branch.  But,  so  far 
as  this  bill  is  concerned,  it  does  not  aim  at  any  such  thing.  It  does  not  go  into 
the  radical  reformation  of  the  navy.  It  does  not  contemplate  the  establishment 
of  an  Admiralty  Board,  and  when  that  proposition  comes  up  I  shall  have  some 
thing  to  say  about  it.  The  boards  which  we  have  hitherto  established  in  refer 
ence  to  claims,  or  lands,  or  for  any  other  purpose,  have  almost  all  been  failures, 
and  I  have  doubts  whether  this  Board  of  Admiralty  would  not  bo  the  biggest  and 
greatest  failure  of  the  whole.  That  is  my  opinion  upon  the  subject ;  but  that 
question  is  not  now  before  the  Senate ;  when  it  does  come  up,  I  for  one  shall  be 
ready  to  discuss  it. 

Although  I  cannot  follow  the  honourable  senator  throughout  his  speech,  there 
is  one  thing  I  can  say:  that,  so  far  as  this  bill  goes, — and  I  speak  in  relation  to 
the  army, — I  think  it  will  be  an  efficient  and  a  beneficial  bill.  If  the  honourable 
senator  takes  upon  himself  the  responsibility,  in  the  name  of  the  navy,  to  move 
to  strike  out  all  that  pertains  to  the  navy,  he  may  do  so ;  I  will  proceed  in  rela 
tion  to  the  army,  and  let  him  remain  responsible  to  the  navy  for  striking  it  out. 
I  shall  not  make  any  such  motion.  The  provision  is  there,  and  there  it  will 
stand,  unless  he  moves  to  strike  it  out. 

I  must  say  that  the  speech  of  the  honourable  senator  was  not  very  logical  in 
some  respects.  He  says  that  the  President  has  power  to  do  the  very  thing  con 
templated  by  this  bill  without  its  passage,  and  yet  he  says  it  would  be  oppres 
sive.  That  is  not  very  logical.  If  the  President  can  do  what  is  contemplated 
by  this  bill  without  its  passage,  the  worst  it  can  do  will  be  nothing;  for  it  will 
amount  to  nothing,  according  to  that  view  of  the  subject.  It  is  true,  the  Presi 
dent  can  turn  any  officer  out  of  the  army  or  navy  ;  but  if  he  were  to  turn  one  of 
them  out, — if  he  were  to  turn  out  one  of  those  gallant  and  distinguished  officers 
whose  names  the  gentleman  has  mentioned,  in  what  condition  would  they  be 
left?  Without  support — without  pay.  The  President  may  turn  them  out  in 
their  old  age,  when  they  are  broken  down  with  service  and  with  sickness,  and 
throw  them  upon  the  chanties  of  the  world.  But  this  bill  provides  for  the  sup 
port  of  those  officers  who  may  be  removed. 

However,  sir,  I  am  not  disposed  to  continue  the  discussion  any  further  to-day. 
I  have  moved  that  the  bill  be  postponed  for  the  purpose  of  having  it  printed,  and 
when  it  comes  up  again  we  can  dispose  of  it  more  advisedly. 

Mr.  Stockton. — I  do  not  intend  to  assume  any  responsibility  upon  myself  as 
speaking  for  the  navy,  but  such  as  belongs  to  my  position.  I  am  here  as  a  sena 
tor,  and  I  speak  on  my  responsibility  as  a  senator,  and  as  such  I  shall  move  to 
strike  out  from  this  bill  its  provisions  in  relation  to  the  navy  and  marine  corps. 
I  presume  to  speak  for  no  body  of  men  and  for  no  individual  but  myself. 

The  senator  adverted  to  my  remark  that  the  President  had  this  power  now ; 
yet  he  complains  of  its  severity,  and  says  that  the  President  has  power  to  turn 
out,  but  if  he  exercised  it  he  would  turn  the  officers  adrift  without  any  provision 
for  their  support.  That  is  not  the  power  to  which  I  alluded ;  and  the  gentle 
man's  remark  only  shows  what  I  apprehended  was  the  case — that  he  has  not 
looked  into  the  matter  in  reference  to  the  navy.  The  President  has  a  right  to 
furlough  officers  upon  half-pay.  That  is  the  law  to  which  I  alluded  ;  and,  there 
fore,  it  seems  to  me  that,  the  gentleman  has  indulged  his  wit  without,  perhaps, 
having  a  very  proper  occasion  to  do  s.». 

There  is,  .however,  oue  part  oi  the  gentleman's  remarks  that  perhaps  I  did 


108  APPENDIX    E. 

not  exactly  understand,  and  I  should  like  to  have  him  explain  them.  He  re 
ferred  to  what  I  said  as  to  the  present  condition  of  the  navy,  and  said.that  it  had 
perhaps  retrograded  since  I  left  the  navy,  or  in  consequence  of  my  leaving  it. 
I  did  not  exactly  catch  the  senator's  words,  and  I  should  like  to  hear  them 
again  in  order  to  understand  his  meaning. 

Mr.  Shields. — I  meant  the  very  highest  possible  compliment  to  my  honourable 
and  gallant  friend.  I  indulged  in  no  wit  whatever.  I  made  no  effort  to  be  witty. 
I  stated  that  I  presumed  the  navy  had  suffered  considerably  since  that  honour 
able  gentleman  had  retired  from  the  service.  Could  I  have  paid  him  a  higher 
compliment?  There  is  no  man  of  whom  I  have  a  higher  estimate  than  I  have 
of  the  gallant  and  meritorious  officer ;  and  I  certainly  did  not  mean  to  reflect  on 
the  honourable  senator  from  New  Jersey,  by  saying  that  the  navy  had  suffered 
since  his  retirement  from  the  service. 

Mr.  Stockton. — I  felt  under  the  conviction  that  I  could  not  be  mistaken  in 
the  sentiments  and  feelings  of  the  honourable  senator  from  Illinois  towards  me, 
and  I  am  glad  that  I  have  not  been  mistaken. 


Speech  of  Hon.  It.  F.  Stockton,  of  New  Jersey,  on  Harbour 
Defences. 

DELIVERED   IN    THE    SENATE    OF    THE    UNITED    STATES,    MAY    11,    1852. 

THE  Senate  having  resumed,  as  in  Committee  of  the  Whole,  the  consideration 
of  the  joint  resolution  authorizing  the  completion  of  a  war-steamer  for  harbour 
defence — 

Mr.  STOCKTON  said : — Mr.  PRESIDENT,  when  the  chairman  of  the  Naval  Com 
mittee  announced  to  the  Senate  his  intention  to  call  up  the  resolution  now  under 
consideration,  he  stated  that  the  senator  from  New  Jersey — myself — felt  great 
interest  in  the  subject.  It  is  quite  true  ;  I  do  feel  great,  very  great  interest  in 
the  success  of  this  resolution,  and  I  have  no  doubt  that  the  result  will  show  that 
I  am  not  the  only  senator  who  feels  deeply  interested  in  the  prosperity  and 
safety  of  New  York  City.  I  am  interested,  principally,  because  I  am  of  opinion 
that  the  defences  of  that  city  require  the  immediate  attention  of  Congress,  and 
partly  because  one  of  my  constituents — a  gentleman  of  reputation  and  useful 
ness — has  been,  in  my  opinion,  unfairly,  ungenerously,  unjustly  treated  by  the 
Government.  I  do  not  mean  by  the  present  Secretary  of  the  Navy,  because  I 
understand  that  this  whole  matter  was,  by  his  remarkable  predecessor,  placed 
beyond  his  control. 

There  was  a  report  made  by  the  Naval  Committee,  at  the  time  this  resolution 
was  first  presented  to  the  Senate.  I  ask  that  it  may  now  be  read.  It  will  pro 
bably  relieve  me  from  the  disagreeable  duty  of  saying  any  thing  further  as  to 
the  conduct  of  the  late  Administration : — 

"  The  Committee  on  Naval  Affairs,  to  whom  was  referred  so  much  of  the  Presi 
dent's  message  and  accompanying  documents  as  relates  to  naval  affairs,  having 
had  under  consideration  that  part  of  the  report  of  the  Secretary  of  the  Navy 
which  refers  to  the  construction  of  a  war-steamer  by  Robert  L.  Stevens,  report: — 

"  That  on  January  13,  1842,  the  Board  of  Commissioners  of  the  Navy  recom 
mended  Mr.  Stevens's  plan  for  a  steamer,  to  be  ball  and  bomb-proof,  to  the 
consideration  of  the  Secretary  of  the  Navy.  Shortly  afterwards  Mr.  Stevens 
submitted  to  Congress  a  printed  copy  of  his  plan.  The  Chamber  of  Commerce 
of  New  York,  on  the  15th  of  February,  1842,  recommended  to  Congress  the  plan 
ot  Mr.  Stevens. 

"A  joint  board  of  officers  of  the  army  and  navy,  to  wit: — Colonels  Totten, 
Thayer,  Talcott,  and  Captain  Huger,  Commodores  Stewart  and  Perry,  Captain 
Stringham,  and  Lieutenant  Newman,  appointed  for  that  purpose,  convened  in 
New  York  the  8th  of  July,  1841,  to  witness,  superintend,  and  report  upon  Mr. 


APPENDIX    E.  109 

< 

Stevens's  experiments  with  a  bomb  and  ball-proof  target,  suited  to  the  sides  of 
a  vessel.  The  experiments  were  made  in  their  presence,  and  a  report  of  the 
Board  submitted  to  the  Department  in  favour  of  Mr.  Stevens's  proposed  plan  of 
construction. 

"On  the  14th  of  April,  1842,  Congress  passed  an  act  authorizing  the  Secretary 
of  the  Navy  to  contract  with  Mr.  Stevens  for  a  war-steamer,  shot  and  shell- 
proof,  to  be  constructed  principally  of  iron,  upon  the  plan  of  Mr.  Stevens,  not 
to  cost  more  than  the  average  of  the  steamers  Missouri  and  Mississippi,  and  ap 
propriated  $250,000  for  the  purpose. 

"  On  the  10th  of  February,  1843,  Mr.  Stevens  entered  into  contract  with  Mr. 
Upshur,  Secretary  of  the  Navy,  to  build  a  war-steamer,  'to  be  shot  and  shell- 
proof  against  the  artillery  now  in  use  on  board  vessels  of  war.' 

"  In  order  to  launch  a  vessel  of  the  size  and  description  6T  the  one  contracted 
for,  Mr.  Stevens  found  it  necessary  to  excavate  and  erect,  at  his  own  and  an 
enormous  expense,  a  dry-dock  of  capacity  sufficient  to  build  her  in  and  float  her 
out.  This,  of  course,  involved  the  necessity  of  delay  in  construction  ;  though 
while  engaged  in  making  the  dry-dock,  he  was  also  assiduously  engaged  in  pro 
curing  the  materials,  fashioning  the  patterns,  and  organizing  the  preliminary 
details  for  an  undertaking  of  such  magnitude  and  importance. 

"In  December,  1843,  Mr.  Ilenshaw,  who  succeeded  Mr.  Upshur  as  Secretary 
of  the  Navy,  declined  making  the  necessary  payments  for  materials.  In  No 
vember  following,  a  second  contract,  very  full,  minute,  and  particular,  was 
made  with  Mr.  Stevens,  which  was  followed  by  a  supplemental  contract  with 
John  Y.  Mason,  Secretary,  in  December,  1844,  and  which  provided  for  the  pay 
ments  on  account  of  the  contract.  Mr.  Stevens  then  prosecuted  with  vigour  the 
performance  of  his  duties;  and  while  so  engaged,  on  the  9th  of  December,  1845, 
was  again  arrested  in  the  execution  of  his  contract  by  an  order  from  Mr.  Ban 
croft,  stopping  all  further  proceedings  under  the  contract,  and  refusing  further 
payments  until  the  plan  for  the  steamer  was  furnished.  Yet,  at  this  very  time, 
the  Department  was  in  possession  of  the  plan  of  Mr.  Stevens,  furnished  when 
the  original  contract  was  first  made,  and  a  further  statement  of  his  plan  fur 
nished  in  November,  1844.  Thus  a  second  time  was  he  stopped  in  his  work. 
His  health  being  seriously  impaired,  he  was  ordered  to  Europe  by  his  physician. 

"In  January,  1847,  Mr.  Stevens  applied  to  Mr.  Mason,  then  Secretary,  for  an 
extension  of  time  in  which  to  complete  the  steamer,  and  satisfactorily  accounted 
for  the  causes  of  whatever  delay  had  been  suffered.  After  more  than  eighteen 
months,  an  additional  contract  was  made,  reciting  the  former,  and  extending 
the  time  of  completion  to  four  years  from  the  date  of  the  last.  By  these  several 
contracts,  the  most  minute  details  of  the  work  were  given,  and  the  complete 
security  for  the  execution  of  the  project,  and  every  proper  safeguard  was  pro 
vided  against  loss  by  the  United  States. 

"Hardly  a  year,  however,  was  permitted  to  elapse,  when,  in  August,  1849,  Mr. 
Secretary  Preston  refused  to  make  any  further  payments  to  Mr.  Stevens  on  ac 


count,  and  the  work  was  again  stopped.  Mr.  Stevens  was  then  in  Europe,  en 
gaged  in  obtaining  better  materials  for  some  portions  of  the  steamer  than  could 
be  obtained  in  this  country.  Contracts  were  made  by  him  in  Europe  for  such 


materials ;  after  which  he  immediately  returned  home,  and  urged  the  Secre 
tary  to  permit  him  to  proceed  according  to  contract.  Mr.  Preston,  however, 
declined  taking  any  other  step  than  to  refer  the  matter  to  Congress. 

"  Whatever  delay  took  place  in  the  performance  of  this  contract,  was  indis 
pensable  to  its  faithful  and  successful  execution.  The  necessity  for  these  de- 
Jays  was  not,  it  is  believed,  properly  appreciated  by  the  Navy  Department. 
The  experiments  necessary  to  test  the  quality  of  the  materials,  and  demonstrate 
the  details  of  the  plan,  involved  the  consumption  of  much  time.  The  experi 
ments  necessary  to  establish  and  improve  the  character  of  the  propeller  which 
was  iinull)  adopted,  also  required  much  time.  Even  from  this  delay  the  Govern 
ment  derived  the  advantage  of  availing  itself  of  this  propeller,  in  the  construc 
tion  of  the  Princeton,  which  was  thus  proved  to  be  superior  to  any  other  then 
in  use,  or,  indeed,  since  adopted.  Workshops,  together  with  a  steamboat,  were 
required  to  be  built  for  tho^e  experiments.  Also  a  large  dry-dock  was  con- 


110  APPENDIX   E. 

structed,  with  a  steam-engine,  punching  and  drilling-machines,  tools,  &c.,  and 
large  pumps,  which  have  kept  the  dock  free  from  Avater  ever  since  its  comple 
tion,  at  very  great  expense.  One-third  of  the  dry-dock  within  which  the  Govern 
ment  iron  steamer  was  to  have  been  built  was  excavated  from  solid  rock.  All 
this  consumed  and  required  unremitting  personal  exertion  and  supervision,  and 
large  expenditures  of  money,  for  which  no  remuneration  has  been  made.  But 
all  delay  was  satisfactorily  explained  before  the  several  renewals  of  the  contract, 
at  each  period  of  such  renewal. 

"When  the  contractor  was  first  arrested  by  Mr.  Secretary  Bancroft,  he  was  in 
advance,  and  liable  for  materials — principally  for  heavy  plates  of  iron  from 
Pennsylvania — about  $40,000,  which  was  subsequently  paid  to  him.  He  is  now 
in  advance  about  $30,000,  also  for  heavy  plates  and  tubes  for  the  boiler,  &c., 
from  England.  Yet  the  Government  now  proposes  to  sell  his  property  to  reim 
burse  itself  for  previous  payments  on  his  contract,  for  non-performance  of  the 
same,  performance  of  which  has  been  prevented  by  the  action  of  the  Govern 
ment  itself. 

"On  the  21st  January,  1851,  Commodore  Skinner  addressed  Mr.  Stevens,  and 
informed  him  that  the  Navy  Department,  considering  the  contract  void,  de 
signed  to  sell,  shortly,  the  materials  collected  by  him  for  the  purpose  of  exe 
cuting  it  according  to  his  several  agreements. 

"To  sum  up  the  whole  subject,  it  appears  that  Congress,  by  the  act  of  14th 
April,  1842,  directed  a  Secretary  of  the  Navy  to  make  a  contract  with  Robert 
L.  Stevens  for  a  war-steamer,  and  appropriated  a  specific  amount  of  money  to 
wards  the  construction  proposed.  The  contract  was  executed.  Mr.  Stevens,  in 
good  faith,  proceeded  to  perform  all  his  obligations.  The  contract  was  after 
wards  made  more  specific,  its  minutest  details  enumerated,  and  the  time  for  its 
completion  extended  by  a  succeeding  Secretary.  The  amplest  security  for  its 
faithful  execution  was  required  and  given.  Officers  of  the  United  States  were 
appointed  to  superintend  the  receipt  of  materials  provided,  and  payments  for 
such  materials  were  made  by  the  Government  from  time  to  time.  A  subsequent 
Secretary  of  the  Navy,  without  any  previous  notice  to  the  contractor,  suddenly 
suspended  the  execution  of  the  contract,  and  refused  the  payments  stipulated 
therein  to  be  made ;  leaving  the  contractor  bound  to  pay  large  sums  for  the 
materials  for  which  he  had  contracted  in  the  prosecution  of  his  work.  Another 
Secretary  renewed  the  contract,  and  extended  the  time  for  its  execution.  The 
contractor  again  vigorously  and  actively  applied  himself  to  the  execution  of  his 
contract.  While  thus  industriously  employed,  another  Secretary  again  arrested 
his  work,  and  finally  suspended  all  payments,  and  referred  the  subject  to  Con 
gress.  The  present  Secretary  considers  himself  bound  by  the  acts  of  his  prede 
cessor,  and  treats  the  contract  as  at  an  end ;  and,  Congress  having  omitted  to 
act  on  the  subject,  he  has  given  notice  to  Mr.  Stevens,  under  the  power  to  sell, 
contained  in  the  mortgages  executed  by  the  contractor,  that  materials  collected 
by  him  will  be  sold  for  the  benefit  of  the  Government. 

"  It  is,  therefore,  apparent  that,  without  some  legislative  action  by  Congress, 
the  contractor,  who  is  willing  and  desirous  of  fulfilling  all  engagements  in  good 
faith,  entered  into  by  the  direction  and  under  the  authority  of  Congress,  will,  by 
Executive  interposition,  be  subjected  (against  right,  as  your  committee  believe) 
to  very  heavy  and  unjust  losses,  while  the  Government  will  lose  the  advantages 
to  be  derived  from  the  genius,  skill,  and  science  of  one  of  the  most  accomplished 
naval  architects  in  the  country,  in  the  construction  of  that  very  sort  of  war- 
steamer  which  the  service  requires. 

"  Your  committee,  therefore,  on  full  consideration  of  the  whole  subject,  recom 
mend  the  adoption  of  the  following  joint  resolution  : — 

"Resolved,  by  the  Senate  and  House  of  Representatives  in  Congress  assembled, 
That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  and  required  to 
have  completed,  without  any  unnecessar}7  delay,  the  war-steamer  contracted  for 
with  Robert  L.  Stevens,  in  pursuance  of  an  act  of  Congress  passed  April  14, 
1842." 

Mr,  President,  I  should  have  felt  disposed  to  leave  this  report,  and  the  unani- 


APPENDIX   E.  Ill 

mous  recommendation  of  the  Committee  on  Naval  Affairs,  without  a  word  of 
comment,  to  the  Senate,  if  I  had  not  been  asked  to  make  some  explanation,  and 
if  the  importance  of  the  subject  of  which  it  treats,  at  the  present  juncture  of 
time,  did  not  seem  to  require  from  me  some  few  remarks.  Considering  the  re 
lation  which  the  city  of  New  York  bears  to  this  Government  and  to  the  whole 
country,  the  committee  are  of  opinion  that  every  reasonable  preparation  for  her 
defence,  in  time  of  war  with  a  maritime  Power,  ought  to  be  adopted. 

I  will  not  dilate  on  the  importance,  in  a  military  or  naval  point  of  view,  of 
that  harbour.  Its  great  importance  must  be  obvious  to  all  minds  who  have 
given  the  subject  of  national  defence  any  consideration.  But  I  must  say  that, 
while  thus  important,  it  is  the  most  exposed,  perhaps,  of  any  other  important 
city  of  the  first  class  on  the  seaboard.  Sir,  our  defences  require  immediate  at 
tention.  The  signs  of  the  times  are  premonitory  of  war  and  revolution.  Almost 
every  arrival  from  Europe  informs  us  of  warlike  preparation  by  the  great  Powers 
of  that  continent.  Upon  the  throne  of  France — I  say  throne,  for  in  fact  Louis 
Napoleon  is  monarch  and  supreme  arbitrator  of  the  destinies  of  France,  as  much 
as  Napoleon  the  Great  was  in  his  zenith — upon  the  throne  of  France  now  sits  a 
man,  whom  the  necessities  of  his  position  seem  to  compel  to  a  rivalry  of  his  re 
nowned  kinsman  and  predecessor.  If  we  examine  the  history  of  Europe,  we 
will  find  that  since  the  time  of  Charlemagne,  whenever  France  was  under  the 
control  of  a  bold,  restless,  ambitious,  or  unscrupulous  monarch,  she  was  in 
variably  engaged  in  long  and  bloody  wars  with  her  neighbours. 

In  addition  to  the  national  propensity  to  interfere  with  the  affairs  of  her  neigh 
bours,  which  modern  history  shows  is  characteristic  of  the  French,  they  have, 
as  we  were  eloquently  told  the  other  day,  in  the  able  and  instructive  speech  of 
the  Senator  from  Tennessee,  (Mr.  BELL,)  as  they  believe,  wrongs  to  avenge  and 
dishonour  to  wipe  away.  France  was  never  more  powerful  than  she  is  now. 
Near  thirty  years  have  enabled  her  to  recruit  the  wars  of  the  Emperor ;  and  for 
twenty  years  past  she  has  assiduously  exerted  all  her  resources  to  regain  that 
military  efficiency  which  has  always  given  her  a  commanding  ascendency  in 
the  affairs  of  the  world.  She  has  regained  it.  She  is,  at  present,  the  cause  of 
disquietude  and  alarm  to  all  the  contiguous  Powers.  She  stands  in  the  panoply 
and  attitude  of  defiance ;  and  no  one  can  say  how  soon,  or  where,  she  will  not 
pour  her  mighty  armies. 

But  all  will  agree  that  no  great  European  war  can  take  place  without  endan 
gering  our  peaceful  relations  with  one  or  other  of  the  belligerents.  We  are  ad 
monished,  therefore,  not  to  neglect  those  preparatory  defences  which,  in  war, 
would  be  indispensable  for  the  protection  of  our  seaboard. 

We  had  some  severe  lessons  on  this  subject  during  the  late  war  with  Great 
Britain,  and  it  would  be  the  height  of  fatuity  if  another  war  should  find  us  no 
better  prepared  for  it  than  we  now  are. 

And  yet,  sir,  I  am  not  exaggerating  when  I  say  that  we  are  at  this  present 
time  quite  as  defenceless ;  our  cities  and  harbours  are  quite  as  much  exposed  to 
hostile  incursions  as  they  were  in  1812.  They  have  grown  in  wealth  and  popu 
lation  quadruple  what  they  were  then  ;  but  when  we  consider  the  increased 
facilities  for  attack  which  foreign  naval  powers  possess,  we  shall  find  that,  not 
withstanding  your  forts,  your  most  important  ports  are  as  vulnerable  now  as 
they  were  in  1812. 

While  the  engines  and  implements  of  war  have  been,  of  late  years,  vastly 
augmented  for  offensive  operations,  those  for  harbour  defence  have  not  been 
correspondingly  increased  by  us.  A  hostile  squadron  is  no  longer  dependent 
on  the  fickle  winds  for  an  opportunity  to  approach  your  shores  or  enter  your 
harbours.  They  can  hover,  at  their  own  chosen  distance,  on  your  coast,  dis 
tracting  and  alarming  the  whole  seaboard,  and  pounce,  with  celerity  and  pre 
cision,  under  the  cover  of  night,  upon  the  devoted  place  which  they  doom  to 
destruction. 

Steamships  of  great  power  and  speed  have  been  constructed,  infinitely  more 
formidable  than  any  thing  which  we  had  to  encounter  in  1812.  Your  forts  have 
not  been  increased  or  strengthened  in  proportion  to  the  increase  of  power  with 
which  other  nations  have  fortified  themselves. 

21 


112  APPENDIX   E. 

There  have  always  been  great  doubts  entertained,  by  the  most  scientific  and 
experienced  men,  as  to  the  ability  of  the  best-constructed  forts  to  prevent  sail 
ing-vessels,  with  a  leading  breeze,  from  passing  them  ;  and  there  seems  to  be 
little  or  no  doubt  that  steamships  may  be  built,  which  would  pass,  unharmed, 
materially,  any  fort. 

Steamships  may,  undoubtedly,  be  built,  which,  with  aid  from  the  tide,  may 
attain  a  speed  exceeding  twenty  miles  per  hour.  Such  a  vessel,  in  six  minutes, 
might  approach  and  pass  any  of  your  forts,  at  night,  without  being  disabled. 
One  such  steam-vessel,  moored  in  New  York  Bay,  might  kindle  that  great  city 
into  flames,  and,  screaming  the  proud  note  of  triumph,  leave  it  a  heap  of  smoking 
ruins.  Nothing  could  prevent  such  a  catastrophe.  Be  assured,  senators,  and 
let  our  fellow-citizens  everywhere  be  assured,  that  nothing  could  prevent  such 
a  catastrophe,  in  the  event  of  a  war  with  a  great  naval  power,  but  a  steam  float 
ing-battery,  such  as  that  contemplated  by  the  plan  of  Mr.  Stevens — indestruct 
ible,  shot  and  shell-proof,  and  bearing  an  armament  consisting  of  such  guns,  a 
single  shot  from  which  would  be  sufficient  to  disable  the  most  powerful  man-of- 
war  now  launched.  One  such  vessel  would  be  sufficient  to  defend  New  York 
Harbour  from  any  force  which  could  possibly  enter  it.  It  would  combine  the 
impregnable  qualities  possessed  by  stone  and  mortar  fortifications  with  the  ad 
vantages  belonging  to  ships-of-war  for  locomotion.  The  mere  knowledge,  by 
any  enemy,  that  a  harbour  enjoyed  the  protection  of  such  a  formidable  pro 
tector,  would  be  sufficient  to  deter  them  from  hazarding  an  experiment  of  its 
omnipotence. 

Now,  sir,  it  seems  to  me,  when  one  of  the  most  accomplished  engineers  and 
naval  architects  of  America  is  willing  to  construct  a  \var-ship  for  harbour  de 
fence,  that  we  ought,  without  hesitation,  to  avail  ourselves  of  his  skill  and  enter 
prise  for  such  a  purpose. 

Mr.  Stevens  is  a  gentleman  of  the  highest  attainments  in  those  pursuits  to 
which,  with  hereditary  passion,  he  has  devoted  the  greater  part  of  his  life.  He 
is  a  gentleman  of  large  fortune,  and  of  reputation.  He  is  not  an  ordinary 
speculator,  seeking  a  job  of  Government,  but  a  high-minded,  patriotic  gentle 
man,  who,  from  elevated  and  public  considerations,  and  not  from  motives  of  pe 
cuniary  profit,  tenders  his  skill,  science,  and  experience,  (unsurpassed,  in  his 
department,  by  those  of  any  one,)  to  the  service  of  the  Government.  He  is  will 
ing  to  connect  his  reputation  with  the  navy  of  the  country.  He  has  acquired, 
by  long  years  of  experience  and  expensive  experiments,  a  dexterity  and  felicity 
in  design  and  execution  in  nautical  architecture,  which  he  is  willing  to  place  at 
the  disposal  of  the  Government.  He  does  not  want  to  make  money  out  of  you  ; 
but  he  desires  to  confer  on  the  country  the  benefit  of  his  superior  knowledge, 
while,  at  the  same  time,  he  identifies  his  reputation  with  the  naval  history  of 
the  country. 

lie  is  the  builder  and  proprietor  of  the  yacht  Maria,  which  beat  the  America 
— which,  under  his  brother,  Commodore  Stevens,  achieved  that  victory  over  all 
the  naval  chivalry  of  Great  Britain — a  victory  worthy  to  be  enrolled  with  those 
other  glorious  triumphs  of  American  naval  valour  during  the  war  of  1812 
which  have  done  as  much  to  elevate  the  national  character,  and  inspire  confi 
dence  and  self-reliance  in  American  prowess,  as  all  your  campaigns  on  shore, 
from  Canada  to  the  City  of  the  Montezumas. 

The  offer  of  such  a  man  to  render  his  skill  available  to  the  service  of  the 
country  ought  to  be  met  with  promptitude,  alacrity,  and  liberality,  by  the 
Government. 

It  is  not  proposed  by  Mr.  Stevens  to  supersede  the  use  of  permanent  local 
fortifications.  No  one  thinks  of  substituting  any  floating-battery  for  them. 
The  floating  steam-battery  .which  Mr.  Stevens  has  projected  is  designed,  not  as 
a  substitute,  but  as  an  auxiliary  to  fortifications.  They  are  fixed  and  stationary, 
and  invaluable  at  certain  points,  where  they  command  the  channel  of  ingress 
for  an  enemy.  In  passing  such  fortresses,  the  enemy,  except  under  favourable 
circumstances,  may  be  destroyed  or  crippled ;  yet  there  is  no  certainty  in  any 
such  result.  In  any  such  attempt  by  a  powerful  fleet  of  war-steamers,  though 
some  might  be  destroyed,  others  would  be  very  likely,  under  the  smoke  raised 


APPENDIX    E.  113 

by  the  broadsides  from  the  fort  and  its  opponent,  to  force  an  entrance  into  the 
interior  harbour ;  then,  without  such  a  vessel  as  that  contemplated  by  the  plan 
of  Mr.  Stevens,  nothing  could  prevent  the  most  disastrous  consequences. 

Mr.  Stevens's  war-steamer,  after  an  enemy  had  run  the  gauntlet  of  the  Nar 
rows,  and  become  more  or  less  crippled,  would  move  upon  him,  and  interpose 
an  effectual  barrier  to  his  nearer  approach. 

I  have  the  utmost  confidence  that  Mr.  Stevens  can  accomplish  all  he  proposes, 
if  he  is  met  by  this  Government  in  the  proper  spirit  of  fairness  and  liberality. 
lie  is  no  visionary,  but  a  practical  engineer  and  ship-builder,  who  has  a  high 
reputation  at  stake,  and  which  he  is  willing  to  risk  for  the  benefit  of  the  coun 
try.  He  is  incapable  of  undertaking  to  perform  what  he  knoAvs  to  be  impracti 
cable.  I  will  now  read  from  a  work  just  published  by  the  learned  and  accom 
plished  President  of  Columbia  College,  Mr.  Charles  King,  in  regard  to  Mr. 
Stevens : — 

"  The  extent,  variety,  and  value  of  Mr.  R.  E.  Stevens's  labours  and  inventions 
in  mechanics  should  have  more  fitting  commemoration  than  can  be  given  in  any 
passing  notice  by  one  unskilled,  as  is  the  writer  of  this,  in  the  mechanic  arts. 
Yet  he  cannot  suffer  this  allusion  to  Mr.  Stevens  to  go  forth,  without  attempting 
at  least  to  enumerate  some  of  the  many  services  and  ingenious  inventions  and 
appliances  of  that  gentleman  in  steam,  in  gunnery,  and  in  mechanics.  From 
the  time  when  a  mere  boy,  in  1804-05,  he  was  zealously  working  in  the  machine- 
shop  at  Hoboken,  up  to  the  passing  hour,  he  has  given  his  time,  his  faculties, 
and  his  money  to  what  may  be  justly  described  as  experimental  philosophy ;  and 
the  results  have  been  of  great  public  benefit.  Of  some  of  them,  the  following 
chronological  record  may  bear  witness. 

"  184±  Having  contracted  to  build  for  the  United  States  Government  a  large 
war-steamer,  shot  and  shell-proof,  R.  L.  Stevens  built  a  steamboat  at  Borden- 
town  for  the  sole  purpose  of  experimenting  on  the  forms  and  curves  of  propeller- 
blades,  as  compared  with  side-wheels,  and  continued  his  experiments  for  many 
months,  the  result  of  which  we  may  yet  hope  to  see  in  an  iron  war-steamer  that 
will  be  invincible,  and  so  should  be  named.  While  occupied  with  this  design,  he 
invented,  about  1844,  and  took  a  patent  for,  a  mode  of  turning  a  steamship-of- 
war  on  a  pivot,  as  it  were,  by  means  of  a  cross-propeller  near  the  stern,  so  that 
if  one  battery  were  disabled  she  might,  in  an  instant  almost,  present  the  other. 

"  1848.  This  year  succeeded  in  advantageously  using  anthracite  in  fast  pas 
senger-locomotives. 

"  1849.  Witnessed  the  successful  application  of  air  under  the  bottom  of  steamer 
John  Neilson,  whereby  friction  is  diminished,  and  she  has  actually  gone  at  the 
rate  of  twenty  miles  an  hour ;  this  was  the  invention  of  R.  L.  Stevens  and  F. 
B.  Stevens.  The  John  Neilson  also  has  another  ingenious  and  effectual  con 
trivance  of  R.  L.  Stevens,  first  used  in  1849,  for  preventing  ill  consequences 
from  the  foaming  of  the  boiler.  In  conclusion  of  this  dry  and  imperfect  chro 
nological  recital  of  some  of  R.  L.  Stevens's  contributions  to  the  mechanic  arts, 
to  public  convenience  and  national  power  as  well  as  renown,  it  must  be  added 
that  Mr.  Stevens  is  himself  the  modeller  of  all  the  vessels  built  by  or  for  him, 
and  that  many  of  our  fastest  yachts  are  of  his  moulding ;  and  especially  the 
Maria,  which  beat  without  difficulty  the  victorious  America^  which,  in  her  turn, 
carried  the  broom  at  her  mast-head  through  the  British  Channel,  distancing  all 
competitors,  as  she  continues  to  do,  I  believe,  under  her  new  owner,  in  the 
Mediterranean. 

"Of  such  a  man  not  the  mechanics  only  of  our  city,  among  whom  he  has 
worked  and  is  well  known,  but  the  nation,  may  well  be  proud." 


an  "hereditary  passion"  for  those  pursuits  to  which  he  has 
life,  and  herey  sir,  my  Stale  pride  may  be  pardoned,  if  I 


I  said  that  he  had  an 
devoted  most  of  his 

advert  to  the  name  of  his  honoured  parent,  to  whose  services  in  practical  engi 
neering,  mechanics,  and  other  kindred  departments,  the  country  owes  a  debt 
which  it  is  too  late  to  liquidate  now. 

Sir,  John  Stevens,  of  Hoboken,  New  Jersey,  was  one  of  the  most  extraordinary 


114  APPENDIX   E. 

men  of  his  age,  so  prolific  of  great  men.  He  was  the  compeer  of  Fulton,  and  con 
tributed  his  full  proportion  towards  making  steam  that  powerful  locomotive  agent 
which  it  has  become.  Like  Fulton  and  Oliver  Evans,  he  was  in  advance  of  the  age 
in  which  he  lived.  Near  fifty  years  ago  he  astonished  and  confounded  a  committee 
of  the  New  Jersey  Legislature  by  the  prediction  that  the  time  would  come,  when 
men  would  travel  as  fast  as  a  pigeon  could  fly.  They  would  hear  him  no 
longer ;  they  turned  from  him  with  pity  and  incredulity ;  they  told  him,  as 
"  Festus"  told  "  St.  Paul,"  "  Much  learning  has  made  you  mad."  As  he  was 
in  advance  of  his  age  in  relation  to  the  use  of  steam,  so  he  was  in  relation  to 
railroads.  These  he  used  experimentally  in  his  work-yards  long  before  public 
attention  was  directed  to  their  importance.  He  in  vain  solicited  from  the  New 
Jersey  Legislature  permission  to  connect  the  waters  of  the  Delaware  and  the 
Hudson  many  years  before  the  Legislature  would  permit  any  such  enterprise  to 
be  attempted.  He  did  as  much,  if  not  more,  than  any  other  man  to  bring  the 
steam-engine  for  locomotion  to  its  present  perfection.  When  his  history  is  writ 
ten,  his  name  will  rank  with  the  names  of  Franklin,  Fulton,  Fitch,  and  Ritten- 
house,  among  the  greatest  benefactors  of  his  country  and  the  human  race.  His 
genius  and  his  fondness  for  practical  engineering  he  has  transmitted  to  his  sons, 
who  are  among  the  most  eminent  men  in  their  vocation  of  which  this  or  any 
other  country  can  boast.  It  is  for  Congress  now  to  say  whether  this  Govern 
ment  shall  avail  itself  of  the  services  of  such  men  in  constructing  just  such 
vessels  for  national  defence  as  the  necessities  of  the  naval  service  require. 

Had  this  Government  taken  by  the  hand  Fulton  and  John  Stevens  fifty  years 
ago,  there  is  no  telling  how  far  we  might  now  have  been  in  advance  of  our 
rivals  in  many  important  elements  of  national  power. 

The  proposition  now  submitted  to  you  is  intimately  connected  with  the  na 
tional  defence  and  the  growth  and  efficiency  of  your  navy ;  and  I  avail  myself 
of  the  opportunity  to  make  some  general  remarks  on  that  subject. 

Sir,  the  recent  victories  of  your  armies  seem  to  have  obscured  somewhat  the 
splendour  of  your  naval  achievements.  I  entertain  no  apprehension,  however, 
that  the  country  will  ever  undervalue  the  importance  of  the  navy  as  a  sure  reli 
ance  for  the  protection  of  the  national  honour  and  the  vindication  of  national 
injuries.  You  are  destined,  (excuse  the  word,)  but  if  you  continue  a  united 
people  you  will  be  compelled,  to  become  the  greatest  naval  power  which  the 
world  ever  saw.  Yet,  apparently  appalled  at  the  expense  to  be  incurred  in  any 
attempt  to  rival  the  lavish  expenditures  of  England  and  France  on  their  navies, 
we  seem  to  have  been  embarrassed  as  to  what  was  the  true  course  to  be  pur 
sued.  Steam  has,  as  you  have  often  been  told,  revolutionized  war  upon  the 
ocean.  The  leviathan  ships,  with  which  Nelson  annihilated  the  navy  of  Napo 
leon  at  the  Nile  and  Trafalgar,  are  no  longer  invincible. 

I  have  long  thought  that  the  improvement  of  our  steam  marine  has  not  re 
ceived  from  the  country  and  from  Congress  that  attention  which  it  deserves. 
There  can  be  little  doubt  that  we  are  at  this  moment  more  inferior  as  a  naval 
power  for  purposes  of  immediate  defence,  compared  with  the  offensive  means 
possessed  by  other  powerful  nations,  than  we  were  forty  years  ago;  while  Eng 
land,  France,  and  Russia  have  of  late  years  vied  with  each  other  in  the  creation 
of  a  formidable  steam  navy,  we  have  been  standing  by  comparatively  passive. 
In  the  admiralty  navy-list  of  1850  of  Great  Britain  is  found  one  hundred  and 
fifty  war-steamers,  and  she  is  constantly  building  and  launching  others.  In 
addition  to  these,  she  has  between  sixty  and  seventy  mercantile  steamers  capable 
of  being  converted  into  war-steamers,  and  whose  war-equipments  are  all  pre 
pared.  In  further  addition,  she  has  upwards  of  eight  hundred  steamers  capable 
of  furnishing  formidable  assistance  for  coast  defence. 

France,  since  1815,  has  never  lost  sight  of  the  importance  of  maintaining  a 
navy ;  she  is,  next  after  England,  now  the  greatest  naval  power  of  the  world. 
She  had  at  the  commencement  of  the  present  year  one  line-of-battle  ship  of 
ninety  guns,  with  screw  propeller;  fourteen  steam  frigates,  mounting  from 
eight  to  sixteen  guns  of  heavy  ordnance,  and  many  others  of  smaller  size.  We 
shall  have  in  the  navy  of  this  great  Republic — in  a  navy  of  a  country  whose 
people,  and  patriots,  and  statesmen,  (some  of  them,)  are  ready  to  dictate  a  new 


APPENDIX   E.  115 

code  of  laws  for  the  nations  of  the  earth  and  to  throw  a  firebrand  into  Europe, 
regardless  of  all  consequences,  war  or  no  war — I  say,  sir,  we  shall  have  in  our 
navy,  when  completed,  five  steam-frigates  and  two  steam-sloops,  mounting  from 
six  to  ten  guns.  Sir,  we  had  better  be  prepared  for  a  fight  before  we  attempt  to 
bully.  ^This  disparity  between  our  naval  steam  force  and  that  of  other  powers 
is  growing  greater  every  year.  Yet  the  tonnage  of  the  United  States  engaged 
in  foreign  or  domestic  commerce,  if  we  include  that  of  our  lakes  and  large 
rivers,  is  about  equal  to  that  of  Great  Britain,  and  far  exceeds  that  of  France 
or  Russia. 

Now,  these  three  facts  being  ascertained — first,our  defenceless  condition ;  second, 
the  disparity  of  our  naval  power  compared  with  that  of  the  other  great  powers; 
third,  the  equality  or  superiority  of  our  mercantile  tonnage — it  becomes  a  ques 
tion  of  great  magnitude  what  policy  is  it  proper  for  us  to  adopt,  so  as  to  guard 
against  immense  and  incalculable  losses  in  case  a  sudden  war  should  break  out 
with  any  of  the  great  powers. 

My  mind  has  been  anxiously  directed  to  this  subject  for  many  years,  and  I 
avail  myself  of  this  occasion  to  throw  out  a  few  other  suggestions  in  relation 
to  it. 

This  gigantic  species  of  warfare  it  is  utterly  useless  and  impracticable,  at  any 
cost,  to  wage  with  the  old-fashioned  ships-of-the-line  and  frigates.  Indeed, 
such  vessels  would  only  be  built  and  sailed  for  the  benefit  of  the  enemy.  In  the 
present  improved  condition  of  naval  tactics  and  steam  superiority  of  Great 
Britain,  there  can  be  no  doubt  that  we  must  take  new  observations — a  new  lati 
tude  and  departure — if  we  expect  to  protect  our  own  shores.  We  must  build  a 
sufficient  number  of  war-steamers  which  shall  exceed  any  which  she  may  have 
built:  first,  in  celerity;  second,  in  their  invulnerability;  and  third,  in  their 
superior  destructive  qualities. 

We  must  build  vessels  which,  in  speed  and  power,  will  enable  one  of  ours  to 
cope  with  half  a  dozen  of  hers ;  vessels,  any  one  of  which  would  be  sufficient 
to  enter  any  of  her  harbours  and  sail  through  or  around  any  of  her  fleets. 

Now,  Mr.  President,  all  this  is  neither  impracticable  nor  difficult ;  and  in 
Mr.  Stevens  you  will  find  not  the  only  American  engineer  and  naval  mechanic 
who  can  accomplish  this  great  object.  We  have  the  coal  and  iron  and  all  the 
raw  materials  which  will  enable  us,  with  the  aid  of  all  the  experience  obtained 
by  England  and  France  in  steam  naval  architecture,  to  commence,  now,  efficient 
steps  for  the  creation  of  a  steam  navy  fully  equal  to  any  thing  now  afloat. 

But,  sir,  for  this  purpose  you  must  adopt  an  entirely  new  system  of  construct 
ing  your  national  vessels.  By  this  I  do  not  mean  to  reflect  on  the  constructors 
in  the  navy;  by  no  means.  All  of  them  whom  I  have  known  would  favourably 
compare  with  other  naval  architects  ;  especially,  sir,  would  I  place  no  one  ahead 
of  the  able  and  accomplished  naval  constructor  in  Washington,  Mr.  Lenthal. 
You  must  appeal  to  the  emulation  of  all  the  naval  mechanics  of  the  United 
States,  so  as  to  draw  out  the  utmost  capacity  of  that  sagacious,  skilful,  and 
enterprising  class. 

You  must  invite  them  all  to  enter  the  field  of  competition.  I  do  not  see  why, 
by  the  offer  of  a  bonus  for  each  separate  class  of  war-steamers  proportioned  to 
the  magnitude  of  each  vessel,  or  by  some  other  plan  similar  in  principle,  you 
should  not  make  available  all  the  skill  possessed  by  any  of  our  American  me 
chanics  for  the  purposes  of  the  Government.  They  are  superior  to  those  of  any 
other  nation.  I  have  some  knowledge  of  and  entire  confidence  in  the  genius, 
the  enterprise,  and  indomitable  superiority  of  the  American  mechanic  and  arti 
san.  My  avocations  and  favourite  pursuits  have  brought  me  into  personal, 
familiar,  and  confidential  contact  with  them.  I  honour  and  respect  them; 
and  I  speak  with  a  confidence  founded  on  knowledge  when  I  say  that  they  are 
superior  to  those  of  any  nation  or  age;  and  I  say,  furthermore,  that  the  interests 
of  our  country  in  all  those  great  pursuits  in  which  we  are  most  closely  pressed 
with  the  rivalship  of  other  nations,  enjoying  the  benefit  of  cheap  labour  and 
more  abundant  capital,  may  be  safely  intrusted  to  their  hands.  But  then  you 
must  give  them  the  advantages  which  our  own  resources  supply  in  the  cheap 
raw  materials  of  coal  and  iron.  This  you  can  readily  do.  You  have  only  to 


116  APPENDIX   E. 

adopt  the  home  valuation,  or  to  assess  your  present  ad  valorem  duty  on  the 
actu'al  sales  in  this  country.  By  doing  this  you  will  violate  no  principle  of  the 
Constitution,  no  precept  of  the  resolutions  of  1798.  You  will  only  be  obey 
ing  the  dictates  of  an  enlarged  patriotism.  Do  but  this,  and  you  will  rekindle 
your  forge-fires  and  reopen  your  workshops,  and  our  constituents  in  New  Jersey 
and  Pennsylvania  and  all  over  the  country  will  once  more  hear  the  merry  ring 
of  the  anvil.  Do  but  this,  and  no  foreign  war-steamer,  nor  English,  nor  French, 
nor  Russian,  will  scream  the  hoarse  notes  of  defiance  on  your  coast  or  in  your 
harbours ;  do  but  this,  and  you  will  put  a  fulcrum  in  the  hands  of  the  Ame 
rican  mechanics,  by  means  of  which  they  will  move  the  world. 

Sir,  that  they  are  superior  has  been  proved  over  and  over  again.  Let  the 
following  extracts  from  a  newspaper  received  this  morning  be  added  to  the 
proofs.  It  has  been  proved  by  our  clippers,  whose  unparalleled  voyages  round 
the  world  have  recently  astonished  Europe ;  it  has  been  proved  by  the  speed 
and  superiority  of  the  Collins  line  of  steamers  ;  and  it  has  been  proved  by  the 
glorious  victory  of  the  yacht  America: — 

"Quick  Passage  of  the  Witch  of  the  Wave. 

"  One  of  the  London  papers  says : — A  large  American  clipper-built  ship, 
named  the  Witch  of  the  Wave,  Captain  Millett,  commander,  has  recently  ar 
rived  in  the  East  India  Docks,  London,  from  Canton,  having  made  one  of  the 
most  extraordinary  and  rapid  voyages  on  record.  She  has  also  brought  one  of 
the  most  valuable  cargoes  of  tea  that,  perhaps,  ever  entered  the  port  of  Lon 
don,  having  on  board  no  fewer  than  nineteen  thousand  chests  of  the  choicest 
?uality.  She  is  nearly  fourteen  hundred  tons  burden,  the  size  of  our  largest 
ndiamen,  and  was  built  at  Salem,  Massachusetts,  in  the  course  of  last  year. 
She  proceeded  to  California,  thence  to  Hong  Kong,  and  sailed  from  Whampoa, 
near  Canton,  on  the  5th  of  January ;  made  the  passage  to  Java  in  seven  days 
and  twelve  hours,  then  had  the  wind  W.  S.  W.  to  N.  W.  for  several  days,  with 
light  trade-wind,  and  made  the  Cape  in  twenty-nine  days.  Then  encountered 
strong  easterly  winds  from  the  Western  Islands,  and  took  a  pilot  off  the  Dunge- 
ness  on  the  4th  of  April,  making  a  passage  from  China  to  the  Downs  in  ninety 
days,  a  trip  surpassing  the  celebrated  runs  of  the  Oriental  and  Surprise,  Ame 
rican  clippers.  Had  she  not  encountered  the  strong  easterly  winds  up  the 
Channel,  she  would  have  accomplished  the  voyage  several  days  earlier.  As  it 
was,  she  was  only  four  days  beating  up  from  the  chops  of  the  Channel  to  reach 
ing  the  river,  while  some  of  our  large  vessels  were  nearly  a  fortnight  doin^  the 
distance.  The  Witch  of  the  Wave  is  the  object  of  much  interest  as  she  lies  in 
the  dock.  Her  bows  are  similar  to  a  large-sized  cutter  yacht.  By  the  above  it 
will  be  seen  that  she  sailed  round  the  world  in  ten  months  and  a  half,  including 
loading  and  discharging  at  the  above  ports.  The  greatest  distance  she  ran  in 
twenty-four  hours,  on  the  voyage  to  London,  was  three  hundred  and  thirty-eight 
miles." 

Another  paragraph  is  in  these  words: — 

"Q.uite  a  sensation  has  been  created  in  the  English  commercial  world  by  the 
arrival  of  the  American  clipper-ship  Witch  of  the  Wave,  at  London,  after  a  run 
of  ninety  days  from  Canton  to  the  Downs — the  shortest  passage  on  record.  Up 
to  this  period  the  British  have  retained  a  nominal  advantage  in  the  navigation 
of  this  route,  one  of  their  traders  having  accomplished  the  distance  in  a  few 
days  shorter  than  any  American  or  other  craft;  but  by  this  recent  achievement 
of  one  of  our  clipper  fleet,  their  last  dream  of  fancied  superiority  has  been 
dispelled." 

And  another  is  as  follows: — 

"  The  Yacht  America  in  Parliament. 

"Colonel  Peel,  in  a  recent  discussion  of  the  Navy  estimates,  in  the  British 
House  of  Commons,  took  occasion  to  express  his  surprise  that  not  one  word 


APPENDIX   E.  117 

had  been  said  in  reference  to  the  circumstance  of  a  foreign  yacht  having  come 
to  England,  and,  in  the  presence  of  the  Queen  herself,  beaten  some  of  the  crack 
English  sailing-vessels!  That,  Colonel  Peel  said,  appeared  to  him  a  deeply- 
humiliating  event.  She  was  an  American  yacht,  and  was  described  as  'the 
race-horse  of  the  ocean/  Colonel  Peel  confessed  that  he  was  wholly  ignorant 
of  nautical  matters,  although  he  was  conversant  with  the  pastime  of  horse- 
racing,  and  he  flatters  himself  that  he  could  appreciate  such  an  expression  as 
the  '  blue  ribbon  of  the  turf/  as  used  by  Mr.  Disraeli.  Whatever  might  be 
the  sailing  qualities  of  the  American  yacht,  Colonel  Peel  declared  that  if  such 
a  defeat  had  been  sustained  by  the  English  sailing-vessels  at  the  Isle  of  Wight, 
there  was  not  a  true  sportsman  in  England  but  would  go  to  any  expense  to 
recover  back  the  lost  laurels.  Colonel  Peel  stated  that  it  was  part  of  his  creed 
that  '  Britannia  rules  the  waves,'  but  what  became  of  the  goddess  on  the  day 
to  which  he  alluded  he  could  not  say;  but  if  she  ' ruled  the  waves'  at  all  on 
that  occasion,  she  must  surely  have  done  so  with  a  downcast  look.  Colonel 
Peel's  remarks  were  received  with  cries  of  '  Hear,  hear.' " 

I  have  alluded  to  those  great  sources  of  national  wealth — iron  and  coal ;  and,  as 
they  are  so  intimately  connected  with  the  defence  of  the  country,  a  few  more 
words  in  relation  to  them  may  not  be  amiss.  It  has  been  those  products  of  her 
soil  which  has  chiefly  made  Great  Britain  what  she  is,  or  was.  These  enabled 
her  to  fight  the  battles  of  despotism  in  Europe.  These  were  the  conquerors  of 
a  Napoleon.  They  are  indispensable  for  defence,  if  not  for  national  existence. 
The  nation  which  possesses  them  in  the  greatest  abundance,  and  can  produce 
them  the  cheapest,  must  excel  all  others.  They  are  infinitely  more  important 
now,  as  elements  of  national  greatness  and  power,  than  ever  before.  The  race 
of  competition  in  this  age,  between  civilized  nations,  depends  upon  their 
respective  facilities  for  the  use  of  steam.  Steam  on  the  ocean  is  to  fight  the 
battle  of  supremacy  there;  and  steam  on  land,  in  the  factory  and  on  the  rail 
road,  is  to  decide  the  question  of  superiority  in  all  the  diversified  pursuits  of 
human  life. 

Sir,  we  should  look  to  them;  we  have  them  in  abundance.  There  in  the 
mountains  of  my  own  native  State,  and  of  her  neighbour  and  sister,  old  Demo 
cratic  Pennsylvania,  are  the  weapons  with  which  alone  your  victory  can  be 
achieved.  There  are  the  materials  from  which  your  thunderbolts  must  be  fabri 
cated.  There  is  the  armory  from  which  to  clothe  your  warriors  in  an  invincible 
panoply.  Strike  the  rocks  of  these  pregnant  mountains,  and  streams  of  victo 
rious  legions  will  come  forth  at  your  bidding.  There  slumber  the  un forged  fetters 
of  the  seas.  You  have  but  to  fabricate  them  from  the  materials  there  abound 
ing,  and  you  may  fling  your  chains  upon  old  ocean's  mane  at  will,  and  then  you 
will  need  "  no  bulwarks,  no  towers  along  the  steep." 

But  I  may  be  told,  advocating  the  policy  of  encouraging  the  promotion  of  the 
production  of  iron,  I  am  running  counter  to  the  principles  of  my  party.  Sir,  I 
yield  to  no  one  in  my  sense  of  abiding  obligation,  while  I  represent  a  Demo 
cratic  State,  faithfully  to  adhere  to  the  Democratic  standard  of  faith.  But 
surely  no  one  can  justly  accuse  rne  of  not  being  true  to  the  Democratic  party, 
while  I  act  in  accordance  with  the  often-declared  principles  of  Andrew  Jacks*on, 
and  of  old  Democratic  Pennsylvania.  There  is  nothing  in  the  Democratic  creed 
which  forbids  encouraging  the  promotion  of  that  which  is  essential  to  national 
defence.  Democracy,  in  my  estimation,  does  not  consist  in  giving  or  withhold 
ing  a  per  cent,  above  or  below  the  average  revenue  duty.  God  help  the  Demo 
cracy  measured  by  such  a  standard !  With  me,  it  is  the  first  duty  which  1  ac 
knowledge  to  provide  for  the  national  defence.  It  was  this  elevated  view  of  his 
duty  which  impelled  the  great  Chatham  to  say  that  he  would  not  permit  America 
to  manufacture  a  hob-nail.  Sir,  I  hope  the  period  is  not  distant  when  the  cheap 
ness  of  American  iron  and  coal  will  not  permit  Great  Britain  to  manufacture  a 
hob-nail  for  us,  or  for  any  market  where  we  can  compete  with  them  on  equal 
terms.  Democracy,  as  I  understand,  has  more  immediate  reference  to  the  con 
struction  of  the  powers  of  the  Government  rather  than  to  the  fluctuating  policy 
of  discriminating  respecting  the  imposition  of  duties.  That  must  be  controlled 


118  APPENDIX    E. 

by  questions  of  expedienc}7 — by  the  changing  modifications  of  the  commercial 
and  restrictive  policy  of  other  countries.  But  it  is  in  the  construction  of  the 
powers  of  the  Government  where  Democracy  has  proved  itself  the  bulwark  of 
the  Constitution  and  the  Union.  When  the  reign  of  terror  was  upon  them — 
when  the  fathers  of  the  Democratic  party  saw,  under  the  rule  of  the  elder 
Adams,  the  rights  of  the  States  endangered,  and  every  thing  tending  to  the 
consolidation  of  all  power  in  this  Central  Government— they  promulgated  what 
I  have  always  considered,  since  I  have  directed  my  mind  to  political  subjects, 
the  true  standard  of  Democratic  faith.  I  allude  to  the  Virginia  and  'Ken 
tucky  resolutions  of  '98  and  '99.  Sir,  I  know  that  it  is  a  custom  with  some 
politicians  to  indulge  in  sneers  in  relation  to  those  resolutions,  and  to  taunt 
those  who  respect  them  with  being  abstractionists,  impracticables,  and  dreamy 
theorists. 

Sir,  I  care  little  what  terms — whether  Federalist,  State-Rights,  or  Abstrac 
tionist — are  applied  to  me;  but  I  will  say  what  I  believe,  at  the  hazard  of  every 
consequence,  personal  or  political,  and  without  regard  to  popularity  or  unpopu 
larity.  The  one  has  no  charms  to  swerve  me  from  what  I  consider  right,  and 
least  of  all  has  the  other  any  terror. 

I  will  not  say  of  popularity  what  Home  Tooke  said, — that  if  it  was  to  come  in 
my  way  "I  would  kick  it  out  of  my  way;"  but  I  will  say  that  I  trust  I  shall 
always  have  courage  enough,  of  whatever  sort  may  be  needful,  to  despise  any 
popularity,  purchased  by  any  dereliction  of  principle  or  any  sacrifice  of  personal 
honour  or  independence. 

But,  sir,  the  resolutions  of  '98  and  '99  !  the  resolutions  !  I  have  to  say  of 
them  that,  in  my  opinion,  they  are  the  most  valuable  legacy,  next  after  the  Con 
stitution,  which  the  early  patriots  of  the  Republic  have  bequeathed  to  the  country. 
They  have,  in  my  opinion,  done  more  to  preserve  the  Constitution  from  infrac 
tion,  and  to  keep  this  Government  within  its  limits,  than  any  other  production 
of  political  wisdom  from  the  day  of  their  origin  to  this  time.  They  have  been 
the  touchstone  by  which  wild  and  visionary  theories  have  been  tested  and  found 
to  be  valueless  or  dangerous.  They  have  been  the  light-houses  along  the  stormy 
shoals  and  breakers  of  politics — warning  us  of  the  only  safe  and  smooth  channel 
of  navigation  for  the  ship  of  state. 

I  know  well  that  their  enemies  have  pretended  to  find  in  them  the  germ  of 
nullification.  But,  sir,  I  perceive  no  such  dangerous  heresy  in  any  of  them. 
I  see  in  them  a  plain,  common-sense,  practical  scheme  for  the  administration  of 
this  Government: — a  scheme  by  means  of  which  the  Union  and  the  Constitution 
may  be  preserved  inviolate,  the  rights  of  the  States  respected,  and  the  Govern 
ment  enabled  to  exercise  all  those  national  functions  designed  to  be  performed 
by  it ;  while  it  is  preserved  and  restrained  within  those  barriers  with  which  it 
is  invested  by  the  Constitution. 

Sir,  as  a  citizen  of  a  small  State,  which  has  as  much  to  dread  from  a  dissolu 
tion  of  the  Union  as  any  other  State  of  this  Confederacy,  I  acknowledge  my 
gratitude  to  the  great  men  who  promulgated  those  doctrines,  and  to  their  dis 
ciples,  \vho,  since  that  time,  have  remained  steadfast  to  the  Democratic  princi 
ples  they  contain.  Those  are  the  principles  by  which  I  wrould  have  my  Demo 
cracy  estimated;  by  them  I  will  consider  myself  bound;  upon  them  and  the 
Constitution,  a  long  time  ago,  I  planted  my  standard. 

Thus  much,  sir,  I  have  felt  bound  to  say  in  vindication  of  myself  as  well  as 
of  the  Democracy  of  the  patriotic  State  which  sent  me  here,  in  relation  to  the 
encouragement  of  the  product  of  iron. 

"I  hope  I  don't  intrude,"  as  Paul  Pry  said.  I  hope  that  I  have  not  interfered 
with  the  prerogative  of  others — that  I  have  not  trespassed  on  the  premises 
either  of  Young  America,  or  old 

A  SENATOR. — Fogy. 

[Mr.  STOCKTON  hesitated ;  and,  looking  around  to  see  who  addressed  him, 
continued,] 

I  thank  you,  sir;  but  my  memory  did  not  fail  me.  No,  sir;  my  tongue 
refused  to  utter  the  ungracious  phrase.  The  instinctive  power  of  my  heart 
forbade  it. 


APPENDIX   E.  119 

Thank  God  for  the  inspiration  ! 

[Turning  to  Gen.  CASS,  he  said:] 

No,  no,  " Conscripttts  pater."  I  have,  as  an  American  citizen,  neither  the 
heart  to  conceive  nor  the  tongue  to  speak  any  sentiment  but  that  of  the  greatest 
personal  respect  and  the  highest  admiration  and  appreciation  of  your  long  and 
faithful  public  services.  May  God  prolong  your  life,  and  health,  and  mind,  and 
may  the  spirit  of  your  country's  gratitude  rest  upon  you  ! 

Mr.  President,  some  time  since,  in  another  place,  I  was  as  unexpectedly  called 
upon  as  I  have  this  moment  been  to  say  a  few  words  in  commendation  of  a  dis 
tinguished  public  man.  That  was  put  down  an  "explosion,"  and  this  may  be 
recorded  as  "  explosion  second."  Well,  sir,  I  can  have  but  little  left,  and  I  pro 
pose  now  to  finish  the  business  of  blowing  myself  up  by  making  this  declara 
tion  before  the  Senate  and  the  country.  Sir,  I  acknowledge  my  responsibility 
to  the  national  Democracy  with  reference  to  national  questions,  respecting  the 
rights  of  the  States  and  the  powers  of  this  Government;  but  to  New  Jersey 
alone  I  hold  myself  responsible  with  reference  to  questions  of  a  local  or  transi 
tory  character. 

Mr.  President,  I  am  done  ;  and  if  your  able  reporter  will  do  me  the  justice 
which  he  has  heretofore  done  to  myself  and  all  others,  why  then,  sir,  political 
quackery  may  make  the  most  of  it. 


Remarks  of  Honourable  E.  F.  Stockton. 

Ix  the  Senate,  on  the  21st  July,  1852,  the  resolution  of  the  House  in  regard  to 
the  adjournment  of  Congress  was  taken  up  and  elicited  a  spirited  debate.  In 
the  course  of  it,  Mr.  Stockton  rose  and  said  : — 

MR.  PRESIDENT  : — Being  one  of  the  humblest  members  of  this  august  body 
of  the  Representatives  of  the  Federal  Republic,  I  have  been  slow  to  participate 
in  this  discussion,  and  certainly  should  have  said  nothing  on  the  subject  if  it 
had  been  confined  to  the  mere  question  of  agreeing  to  a  day  of  adjournment. 
But  a  question  has  been  connected  with  this  discussion  which  seems  to  render 
it  my  imperative  duty,  as  a  Representative  of  the  State  of  New  Jersey,  to  say  a 
few  words  in  relation  thereto.  In  the  first  place,  however,  I  must  say  that  I  do 
not  concur  in  the  reproaches  which  have  been  cast  upon  the  other  branch  of 
Congress  on  account  of  any  supposed  delay  in  their  business.  If  any  delay 
has  occurred,  the  reason  is  to  be  found  in  the  great  amount  of  business  which 
Congress  has  had  to  consider  and  to  act  upon. 

Nor  am  I  disposed  to  find  fault  with  any  of  the  discussions  which  have  taken 
place  on  the  subject  of  Presidential  candidates.  They  have  been  mostly  inte 
resting,  and  I  do  not  know  that  they  have  interfered  with  the  business  of  Con 
gress.  The  business  of  Congress  requires  reflection  and  information,  which  is 
not  to  be  attained  in  this  chamber  alone.  So  far  as  I  am  concerned,  sir,  my 
mind  has  been  more  devoted  to  the  consideration  of  the  public  business  in  my 
own  than  in  the  Senate  Chamber.  Therefore,  so  far  as  my  voice  goes,  I  am 
ready  to  acquit  both  Houses  of  Congress  of  any  neglect  of  their  appropriate 
duties.  The  delay,  if  any,  has  been  caused  by  the  amount  and  the  importance 
of  the  business  we  have  had  before  us.  Though  I  am  as  desirous  of  returning 
to  the  bosom  of  my  family  as  any  member  of  this  body  can  be,  I  would  prefer 
that  the  resolution  should  lie  on  the  table  for  the  present,'  and  until  I  can  see 
more  clearly  the  probable  time  when  we  may  hope  to  finish  the  public  business 
in  a  satisfactory  manner  to  our  constituents  as  well  as  ourselves. 

Mr.  President,  I  had  no  disposition  to  discuss  this  question,  and  but  for  the 
exciting  speech  made  by  the  senator  from  South  Carolina,  (Mr.  Butler,)  I  should 
have  remained  silent.  The  senator  from  Tennessee  (Mr.  Bell)  spoke  of  the  im 
portance  of  the  harbour  and  river  bill ;  and  another  senator  spoke  of  the  im 
portance  of  the  tariif  bill.  With  regard  to  the  first  I  have  but  little  to  say  at 


120  APPENDIX   E. 

present,  except  to  concur  in  its  importance.  "With  regard  to  the  tariff,  I  must 
be  permitted  to  say  that  I  regard  it  of  more  consequence  to  my  constituents 
than  any  other  bill  which  has  been,  during  the  session,  or  is  now,  pending  before 
Congress.  The  tariff — ay,  sir,  the  tariff! — the  mere  mention  of  which  startles 
gentlemen  from  their  propriety,  and  drives  them  headlong  into  the  question  of 
the  dissolution  of  the  Union. 

I  have  to  tell  such  gentlemen,  let  them  come  from  where  they  will,  or  repre 
sent  whom  they  may,  that  there  are  two  sides  to  the  question  of  the  tariff;  and, 
Democrat  as  I  am,  I  intend  that,  on  all  proper  occasions,  my  voice  shall  be 
raised  in  the  Senate  and  out  of  the  Senate  in  behalf  of  the  poor  labourer  of  the 
North  ;  and  he  who  represents  the  slave-labour  of  the  South  may  raise  his  voice 
as  potential  as  he  sees  fit,  he  will  not  alarm,  but  find  me  prepared,  to  the  best 
of  my  poor  ability,  to  defend  the  interest  of  the  free  labourer  of  the  North. 
But,  sir,  do  not  misunderstand  me.  I  repudiate  the  doctrine  of  a  tariff  for  tlie 
purpose  of  protecting  one  interest  more  than  another  interest,  one  section  more  than 
another  section.  We  are  not  to  consider  the  interests  of  fragments,  but  of  THE 
WHOLE  PEOPLE  ;  not  of  States,  but  the  nation.  Sir,  we  must  seek  for  some 
sound,  well-settled  principle  upon  which  to  rebuild  this  theory  of  a  tariff. 

The  President. — The  Chair  must  remind  the  senator  from  New  Jersey  that 
the  question  is  not  upon  the  tariff,  or  upon  any  other  bill. 

Mr.  Stockton. — I  am  aware  of  that,  sir. 

The  President. — The  senator  can  allude  to  the  subject  of  the  tariff  generally  ; 
but  it  will  not  be  in  order,  upon  the  present  question,  to  go  into  the  merits  or 
demerits  of  any  tariff. 

Mr.  Stockton. — What  I  mean  to  say  is  this :  that  the  tariff  bill  is  a  matter  of 
so  much  consequence  that  it  behooves  Congress  not  to  adjourn  without  modify 
ing  it;  an^  I  give  that  as  a  reason  why  we  cannot  now  fix  a  day  fur  adjourn 
ment.  Besides,  sir,  the  tariff  bill  to  which  I  allude  is  not  for  protection  of 
manufacturers  ;  it  is  not  to  be  a  tariff  exclusively  for  revenue  ;  but  it  is  intended 
to  protect  millions  of  our  fellow-citizens  who  earn  their  bread  by  the  toil  of 
their  own  hands. 

I  can  tell  the  senator  from  South  Carolina  that  their  interests  are  not  much 
longer  to  be  disregarded.  Sir,  this  Government  may  survive  the  effects  of  the 
most  disastrous  battles  ;  we  may  regain  lost  territory  ;  but  I  tell  him  and  others 
to  be  warned  in  time  that  we  may  not  be  able  to  resist  the  importunate  remon 
strances  of  a  free  but  impoverished  and  degraded  people. 

Mr.  Butler. — The  senator  from  New  Jersey  is  under  a  great  mistake.  1  made 
not  the  least  allusion  to  the  tariff.  However,  I  suppose  he  may  as  well  hang 
his  speech  on  what  I  said  as  on  what  was  said  by  any  other  senator.  I  cer 
tainly  made  no  allusioc  to  ihe  tariff — not  in  the  least. 

Mr.  Stockton. — What  1  meant  to  say  is  this :  that  the  tariff  belongs  to  the 
business  of  Congress,  and  is  entitled  to  as  much  of  our  time  as  any  other  matter. 
If  the  senator  from  South  Carolina  did  not  speak  of  "free  trade/'  if  he  did  not 
make  use  of  that  expression  which  naturally  leads  to  the  consideration  of  the 
whole  subject  of  a  tariff,  then  I  stand  before  the  Senate  corrected. 

Several  senators. — He  did — he  did. 

Mr.  Butler. — I  wish  to  correct  the  gentleman.  I  believe  that,  if  he  chose  to 
take  the  remark  which  I  made  in  that  view,  he  might  have  used  it  for  the  pur 
pose  of  dilating  upon  the  subject.  I  think,  however,  that  the  subject  of  the 
tariff  was  freely  spoken  of  by  the  senator  from  Alabama ;  and  the  remarks  of 
that  senator,  it  appears  to  me,  might  have  afforded  the  senator  from  New  Jersey 
a  better  text  than  my  remark  in  regard  to  "  free  trade/'  The  connection  in 
which  I  spoke  of  free  trade — and  I  hope  the  senator  from  New  Jersey,  while 
he  is  in  favour  of  the  tariff,  will  not  undertake  to  controvert  the  great  doctrines 
of  free  trade — was  in  relation  to  California.  Though  that,  as  far  as  I  knoAV, 
does  not  involve  the  tariff,  yet,  in  candour  to  the  senator,  I  must  admit  that  I 
did  speak  of  California  as  a  probable  ally  against  one  which  might  be  a  pre 
scriptive  and  protective  tariff.  My  remark  may  allow  that  interpretation,  but 
I  used  it  at  the  time  with  no  such  purpose. 

I  did  not  wish  to  introduce  into  this  debate  any  topic  which  did  not  properly 


APPENDIX   E.  121 

and  legitimately  relate  to  the  subject.  I  did,  perhaps,  manifest  some  little 
temper,  because  I  thought  that  some  topics  had  been  introduced  here  which 
ought  not  to  be  introduced,  I  will  not  say  deliberately,  but  perhaps  inadvert 
ently.  I  think  the  senator  from  New  Jersey  is  at  liberty  to  make  his  remarks 
both  in  regard  to  what  was  said  by  the  senator  from  Alabama  and  myself;  for 
I  believe  we  both,  in  some  measure,  said  something  in  relation  to  the  question 
of  a  tariff,  though  all  that  I  said  was  a  mere  allusion,  in  the  most  casual  way, 
to  the  subject  of  free  trade.  , 

Mr.  Stockton. — All  that  was  necessary  to  fill  the  measure  of  my  surprise  on 
hearing  the  senator's  explanation  was  for  him  to  have  added,  that  what  he  did 
say  was  said  in  the  most  amiable  and  unexcitable  and  courteous  manner.  He 
put  some  interrogatory  in  regard  to  free  trade.  I  do  not  remember  its  precise 
purport.  But,  sir,  I  am  willing  to  confess  my  homage  to  the  sublime  and  simple 
truths  of  Adam  Smith  and  the  disciples  of  that  school  of  political  economists. 
I  will  go  further,  and  say  that  I  believe  all  the  efforts  that  have  been  urged 
against  his  leading  doctrines  and  those  of  Ricardo  on  rent  have  failed ;  but  their 
application  to  this  country  in  its  present  condition,  in  relation  to  the  rest  of  the 
world  and  in  reference  to  the  commercial  policy  of  other  nations,  is  an  entirely 
different  question — the  great  question. 

It  does  appear  to  me  (not  designing  any  thing  offensive)  the  most  absurd  thing 
in  the  world  is  to  be  wrangling  and  quarrelling  about  the  abstract  theories  of 
free  trade  when  we  have  staring  us  in  the  face  the  necessity  of  raising  fifty  mil 
lions  of  annual  revenue,  which  has,  since  the  origin  of  Government,  and  must 
continue  to  be,  almost  entirely  obtained  from  duties  on  imports.  Now,  sir, 
what  I  claim  is  the  right,  as  a  Representative  of  New  Jersey,  interested  as  she  is 
in  the  development  of  her  iron,  not  to  allow  any  reproach  as  to  its  importance, 
any  insinuation  as  to  its  unconstitutionality,  or  any  sneer  at  efforts  made  to 
modify  the  tariff  without  remarks  from  me.  I  hope,  before  the  session  is  over,  that 
gentlemen  will  have  to  face  the  music  on  that  same  question  of  the  tariff.  We 
mean,  if  we  can,  to  get  it  up  before  the  Senate,  and  we  intend  to  explain  to  the 
Senate  and  to  the  people  our  objects,  views,  and  motives  in  doing  it.  New 
Jersey  means  to  insist  that  you  shall  unlock  the  hoards  of  treasure  which  slum 
ber  in  the  mountains  that  traverse  her  territory  as  that  of  a  sister  State. 

She  means  to  insist  that,  by  doing  so,  you  will  not  violate  the  Constitution. 
You  will  only  be  fulfilling  your  obligations  to  further  other  interests  besides 
those  of  commerce  and  agriculture  ;  and  I  say  this  to  show  the  importance  of 
sitting  two  months  longer  rather  than  avoid  this  great  question. 

Mr.  Hunter. — I  am  constrained  to  ask  if  it  is  in  order  to  debate  the  tariff  on 
this  resolution? 

The  President. — Certainly  not ;  but  the  Chair  was  unwilling  to  interrupt  the 
honourable  senator. 

Mr.  Stockton. — I  am  very  much  obliged  to  the  senator ;  but  if  he  had  taken 
the  same  trouble  to  arrest  the  extraordinary  excitement  of  his  own  friend  he 
would  not  have  had  occasion  to  interfere  in  my  behalf.  (Laughter.)  I  did  not 
intend  to  say  a  word  about  the  day  of  adjournment.  But,  sir,  you  may  expect 
to  wake  up  New  Jersey  whenever  the  tariff  is  agitated ;  you  may  then  look  out 
for  her.  (Laughter.)  I  will  now  relieve  you,  Mr.  President,  by  no  longer  per- 
sistino;  in  this  debate. 


Remarks  of  Mr.  Stockton,  of  New  Jersey,  on  the  Indian 
Appropriation  Bill. 

DELIVERED  IX  THE  SENATE  OF  THE  UNITED  STATES,  AUGUST  11,  1852. 

The  Senate  proceeded  to  consider,  as  in  Committee  of  the  "Whole,  the  bill  from 
the  House  of  Representatives  "  making  appropriations  for  the  current  and  con- 


122  APPENDIX   E. 

tingent  expenses  of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations 
•with  various  Indian  tribes,  for  the  year  ending  June  30,  1853." 

The  first  question  was  on  concurring  in  the  following  clause,  adopted  as  in 
Committee  of  the  Whole,  in  relation  to  the  California  superintendency : — "for 
presents  and  provisions  for  Indians  visiting  the  superintendency,  $3000." 

Mr.  Weller. — Mr.  President,  I  move  to  strike  out  that  clause,  and  to  insert  the 
following : — 

"  For  the  purpose  of  purchasing  supplies  an<J  presents,  to  be  distributed  to  the 
Indians  in  the  State  of  California,  under  the  direction  of  the  President  of  the 
United  States,  the  sum  of  $100,000." 

In  my  judgment  this  appropriation  will  be  absolutely  necessary  in  order  to 
prevent  a  large  body  of  Indians  in  California  from  starving  during  the  approach 
ing  year.  They  have  been  brought  down  from  the  mountains,  from  their  accus 
tomed  homes,  and  settled  upon  the  reservations  that  were  made  by  the  Indian 
commissioners,  in  the  eighteen  treaties  that  were  negotiated  with  the  different 
tribes.  Those  treaties  have  all  been  rejected  by  the  Senate,  and  it  is  therefore 
necessary,  in  my  judgment,  that  some  provision  should  be  made  for  them  in 
order  to  avoid  hostilities.  It  will  be  a  very  difficult  thing  to  explain  to  these 
Indians  how  it  comes  that  these  treaties  which  they  entered  into  with  persons 
who  represented  themselves  as  agents  of  the  Government  have  now  been  repu 
diated.  They  will  be  compelled,  as  a  matter  of  course,  in  consequence  of  the 
rejection  of  the  treaties  by  the  Senate,  to  leave  these  reservations  upon  which 
they  have  been  placed  by  the  Indian  commissioners.  It  is,  therefore,  proposed 
in  lieu  of  a  confirmation  of  those  treaties ;  the  object  being  to  appease  the  In 
dians  by  providing  them  with  subsistence.  They  have  been  driven,  as  I  said, 
from  that  section  of  the  State  where  it  was  their  habit  to  live  on  acorns  and  the 
fruits  found  in  the  woods,  and  they  must  inevitably  starve  unless  some  pro 
vision  be  made  for  them.  For  that  purpose  I  hope  the  Senate  will  adopt  the 
amendment. 

After  an  interesting  debate,  in  which  Messrs.  Weller,  Dawson,  Badger,  Bell, 
Butler,  Mallory,  Hunter,  Cass,  and  Underwood,  participated, — 

Mr.  Stockton  said  : — 

Mr.  President,  I  approved  of  the  proposition  first  made  by  the  senator  from 
California  (Mr.  Weller)  to  amend  the  amendment  now  before  the  Senate,  and  I 
regret  that  he  has  seen  fit  to  accept  any  modification  of  it  whatever.  It  did  ap 
pear  to  me,  that  the  principles  on  which  he  founded  his  application  were  based 
on  such  grounds  as  we  may  well  suppose  would  govern  the  understanding  and 
the  heart  of  a  distinguished  American  senator  or  an  American  statesman. 

Sir,  I  have  not  been  much  surprised  at  the  course  which  the  debate  on  this  pro 
position  has  taken.  Having  heard  the  discussions  in  regard  to  these  Indian  appro 
priations  from  the  first,  I  was  prepared  for  opposition  to  any  donation  to  them. 
But,  I  have  been  astonished  by  the  enunciation  of  some  of  the  principles  on 
which  the  judgment  of  senators  relative  to  the  course  best  to  be  pursued  as  to  the 
Indians  has  been  predicated.  It  has  been  stated  here  that  this  Government  is 
under  no  obligations,  no  responsibility,  to  the  Indians  ;  that  my  friend — the 
friend  of  the  California  Indians — seeks  to  obtain  from  this  Government  a  dona 
tion  for  them,  which  the  Government  is  under  no  sort  of  obligation  to  give.  Ay, 
sir,  the  little,  which  by  the  great  exertions  of  their  friends,  has  been  extorted 
from  you,  has  been  only  yielded  with  growls  and  threats  that  you  were  under 
no  obligations  to  grant  it.  I  dissent  from  all  the  reasonings  founded  upon  the 
proposition  as  amended  by  the  senator  from  Virginia.  Sir,  I  go  for  that  propo 
sition  which  acknowledges  in  their  length  and  breadth  our  obligations  as  Ameri 
can  citizens  to  repair,  as  far  as  we  may,  the  wrongs  of  an  injured  people.  You 
have  obligations  which  it  is  not  quite  so  easy  to  get  rid  of,  either  in  your  na 
tional  or  in  your  individual  character,  as  senators  or  as  Christians.  Sir,  let  me 
tell  you  that  you  have  responsibilities  with  regard  to  the  Indians  that  it  would 
be  well  for  you  if  all  the  money  in  your  Treasury  could  satisfy.  Ay,  sir,  we 
might  well  thank  God  if  money  could  enable  us  to  appease  the  great  spirit  of 
retributive  justice.  The  principle  contained  in  the  amendment,  which  negatively 


APPENDIX   E.  123 

pledges  us  to  do  no  more,  is  one  which  I  repudiate  from  the  bottom  of  my  soul. 
Do  gentlemen  ask  if  \ve  design  by  this  amendment  to  establish  a  principle  that 
shall  govern  this  country  in  all  time  to  come  ?  I  answer,  and  say,  Yes.  I  go 
further,  and  say,  that  so  long  as  there  is  a  dollar  in  your  Treasury,' half  of  it,  if 
necessary,  should  go  to  relieve  the  distress  of  the  aborigines  of  the  country. 

Mr.  President,  while  I  stand  here  in  this  Capitol  and  remember  that  it  has 
been  erected  upon  the  soil,  the  blood,  and  the  bones  of  the  Indians,  and  on  the 
ashes  of  their  wigwams,  am  I  to  be  told,  here  in  this  Senate,  that  the  laws  of  the 
land — of  this  Christian  land — will  not  permit  me  to  vote  money  from  the  public 
Treasury  to  ease  their  distress  and  relieve  the  misery  of  that  unfortunate  race  ? 
Sir,  under  no  obligations  to  take  care  of  the  California  Indians  !  What  do  sena 
tors  mean  ?  You  are  under  most  indissoluble  bonds  to  take  care  of  them.  Justice 
— justice — inexorable  justice — demands  it.  It  is  not  for  me  to  express  in  words 
your  obligations.  They  may  be  seen  in  bloody  tracks  over  the  mountains  and 
across  the  plains ;  they  are  engraved  on  every  Christian  heart.  Sir,  it  may  do 
in  the  general  course  of  legislation,  for  those  who  have  a  clean  bill  of  health,  to 
make  such  prescriptions  for  the  body  politic  as  may  be  found  in  the  strict  con 
struction  of  the  Constitution.  But,  sir,  when  we  come  here,  in  this  temple  of 
liberty,  our  hands  reeking  with  the  blood  of  the  savage,  does  it  become  us  to 
prate  about  law,  constitutional  or  divine,  in  defence  of  violent  aggression?  No, 
no ;  we  have  nothing  to  do  but  to  relieve,  fully  and  substantially  relieve,  the 
misfortunes  we  have  been  the  means  (innocent,  if  you  please)  of  creating,  and 
feel  consoled  if  in  that  way  we  can  alleviate  the  distresses  we  have  inflicted. 

But,  sir,  with  regard  to  the  proposition  now  immediately  before  the  Senate,  I 
will  say  that,  if  I  understand  the  object  of  the  senator  from  California,  it  is  to 
place  at  the  disposal  of  the  President  of  the  United  States  the  sum  of  $100,000 
for  the  purpose  of  preventing  starvation  among  a  certain  portion  of  the  Indians 
in  that  State.  Now,  sir,  considering  the  responsibility  of  that  gentleman  as  a 
senator  from  California,  and  that  this  money  is  to  be  disbursed  by  the  Presi 
dent,  I  am  ready  to  give  my  vote  for  the  appropriation  of  $100,000,  or  any  other 
reasonable  sum,  for  such  a  purpose.  But  we  are  told  that  this  donation  of 
$100,000  to-day,  will  establish  a  precedent  which  will  bind  this  Government 
ever  after  to  do  the  same  thing.  That  is  just  exactly  the  thing  I  desire  to  do — the 
principle  which  I  desire  to  establish.  It  is  exactly  the  principle  which  I  think 
we  should  proclaim  to  the  world.  Sir,  wherever  money  will  save  the  life  of  an 
Indian,  or  wherever  or  whenever  it  can  secure  his  confidence  and  friendship,  it 
should  not  be  withheld.  But,  after  all,  the  difficulty  is  not,  as  it  seems  to  me, 
so  much  in  any  difference  of  opinion  as  to  what  is  due  the  Indians,  as  how  it  is 
to  be  paid.  The  real  difficulty  has  not  yet  been  pointed  out  in  regard  to  the 
Indians.  The  fault  is  not  with  the  Indians,  but  in  the  Indian  agents  ;  and,  sir, 
if  money  has  been  improperly  expended,  it  is  the  fault  of  the  Government  offi 
cers  or  agents,  and  they  should  be  held  accountable,  and  not  let  the  Indians 
suffer  in  consequence  of  their  delinquencies.  Will  you,  then,  make  the  Indian 
suffer  because  your  Government  does  not  employ  agents  who  are  sufficiently 
just,  wise,  and  honest,  properly  to  expend  the  money  which  is  appropriated? 
Certainly  not ;  you  cannot  do  that.  You  will  not  commit  so  great  a  wrong ! 

Mr.  President,  the  simple  question  is,  whether,  under  all  the  circumstances  of 
this  case,  the  Indians  are  entitled  to  our  protection  ;  and  whether,  if  you  cannot 
make  him  work,  or  keep  the  peace  without,  you  are  bound  to  protect  and  feed 
him  ?  Sir.  having  taken  his  lands  from  him,  how  can  you  complain  if  he  will 
not  work  and  feed  himself?  Having  taken  all  that  you  saw  fit  to  take,  you  ease 
your  conscience  for  taking  what  he  did  not  want  to  give,  by  offering  him  land 
which  he  does  not  wish  to  receive.  Sir,  no  one  can  appreciate  the  sufferings 
and  sacrifices  of  the  Indians,  but  those  who,  like  myself  and  the  senator  from 
California,  have  witnessed  them  in  joy  and  in  sorrow,  who  like  us  have  seen . 
them  in  their  prosperity,  in  their  freedom,  and  in  the  free  enjoyment  of  all  their 
possessions,  given  to  them  by  God;  have  seen  them  in  the  haughty  independ 
ence  of  their  nature — and  in  their  servile  attitude  of  petitioners — bowing  the 
knee  to  their  white,  despotic,  and  cruel  masters. 

Sir,  if  chance,  or  accident,  or  any  other  thing,  had  taken  you  across  the  Hocky 


124  APPENDIX    E. 

Mountains  some  few  years  since,  you  would  have  passed  through  tribes  of  men — 
Indians  you  may  call  them :  aborigines  they  are  of  this  country ;  proud,  hos 
pitable,  high-minded,  noble,  gallant  men :  men  as  free  as  I  was — ay,  sir,  freer. 
The  Snakes  and  Sioux  were  as  free  as  the  air  they  breathed,  and  walked  with 
as  proud  and  mighty  a  step  as  any  of  God's  created  beings.  Let  senators  not 
suppose  that  I  am  drawing  on  my  fancy  for  this  picture  of  the  Sioux  and  the 
Snake  Indians.  They  were  at  that  time  as  gallant,  as  noble,  as  generous,  and 
as  hospitable  men  as  any  who  live,  or  I  know  nothing  of  human  life  or  charac 
ter.  I  go  further :  they  were  in  the  full  possession  and  unannoyed  enjoyment 
of  their  hunting-grounds,  in  the  enjoyment  of  peace,  tranquillity,  and  happiness, 
under  the  direction  of  their  own  independent  and  brave  chiefs.  From  St. 
Joseph's,  in  Missouri,  to  the  Pacific,  there  was  one  great  community  of  nature's 
children,  happy  and  content.  But,  alas,  what  is  their  condition  now  ?  Sad,  sad  ! 
Your  armies  of  emigrants  have  traversed  annually  their  territory,  and  driven 
away  their  game,  and  eaten  up  their  pastures,  until  death  and  starvation  stare 
them  in  the  face.  They  have  lost  their  game,  and  they  are  sorrowful ;  they  have 
lost  their  country,  and  they  are  indignant  and  revengeful.  I  persuaded  them 
to  peace ;  they  agreed,  but  implored  that  their  great  father, — a  father,  indeed, — 
as  he  had  destroyed  their  hunting-grounds,  would,  at  least,  give  them  lands 
fit  for  agriculture,  and  implements  of  husbandry,  and  persons  to  instruct  them 
in  the  art  of  raising  bread.  But  wliat  lias  the  father  done?  These  people  must 
all  leave  their  usual  hunting-grounds,  and  who  is  to  care  for  them  ? 

Sir,  after  these  armies  of  men  have  crossed  the  mountains,  and  arrived  in 
California,  their  first  business  seems  to  be  to  drive  off  or  kill  the  Indians. 
There  is  not  a  brute  that  walks  on  the  face  of  the  earth  that  has  been  so  much 
contemned  and  despised  and  cruelly  treated  as  have  been  these  Indians  from  the 
time  of  the  first  invasion  up  to  the  present  time.  These  Indians  of  California 
are  spread  over  the  whole  mountainous  part  of  that  State.  When  we  took  pos 
session,  we  found  them  a  kind  and  docile  but  not  a  warlike  people,  comparatively 
contented  and  happy,  and  friends.  We  have  driven  them  from  their  homes ; 
have  despoiled  them  of  their  property,  and  expelled  them  from  the  mines.  What 
wonder  that  they  are  hostile?  From  this  very  land  of  theirs  we  have  taken 
millions  on  millions  of  gold,  and  now,  when  we  are  asked  to  appropriate 
$100,000  to  save  them  from  starving,  the  Constitution  of  the  United  States  is 
invoked  to  prevent  it.  Yes,  sir,  that  sacred  instrument  is  invoked,  and  thrust 
between  us  and  our  consciences  and  our  dearest  sensibilities.  It  was  invoked 
yesterday  to  save  the  white  man,  and  to-day  it  is  invoked  to  destroy  the  Indians. 
If  the  Constitution  of  the  United  States  forbids  me  from  aiding,  by  an  appro 
priation  of  money,  to  save  the  California  Indians  from  starving, — if  it  should 
step,  with  blasphemous  intrusion,  between  me  and  those  sacred  feelings  of  our 
nature  which  God  and  nature's  God  has  planted  in  the  breast  of  poor  human 
nature, — then  I  say  that  (here  the  senator  paused] — my  friends  will  know  where 
to  find  me  in  regard  to  the  construction  of  that  instrument. 

But,  sir,  the  Constitution  of  my  country  tells  me  no  such  thing.  Its  whole 
spirit  breathes  a  spirit  of  philanthropy  and  love  to  men  everywhere.  It  is 
universal  love,  as  well  as  universal  freedom,  which  is  taught  by  the  Constitution 
of  the  United  States.  Sir,  so  far  from  considering  this  as  a  donation, — so  far 
from  considering  this  proposition,  which  asks  you  to  give  but  $100,000,  as  an 
extravagant  donation, — I  hold  that  you  are  bound  by  all  your  responsibilities  as 
men  and  as  Christians,  by  all  your  responsibilities  as  senators  and  statesmen,  to 
protect  them,  cost  what  it  may. 

That  there  may  be  no  misapprehension  about  this  amendment,  I  will  repeat 
what  I  take  to  be  its  object,  its  essence.  It  is  to  save  the  Indians  in  California 
from  starvation.  We  are  told  that  there  are  seventy  thousand  Indians  in  a 
starving  condition  in  California.  I  believe  it;  and  these  are  the  Indians  of 
whom  1  have  endeavoured  to  draw  a  feeble  picture,  and  to  whom  I  feel  that  we 
are  so  much  indebted,  and  for  whom  we  cannot  do  too  much.  But  it  is  said 
that  this  bill  has  not  come  up  in  a  proper  shape  ;  that  if  we  pass  this  appropria 
tion  we  shall  be  setting  a  precedent  hereafter  to  be  followed,  and  therefore  that 
it  ought  not  to  be  passed.  We  are  further  informed  that  even  if  it  were  a  thing 


APPENDIX   E.  125 

proper  to  be  done,  that  $100,000  would  not  be  enough  to  answer  the  purpose, 
and  therefore  it  should  not  pass.  Some  gentlemen  would  not  have  it  done  be 
cause  it  is  not  entirely  in  accordance  with  their  parliamentary  notions  and  their 
technical  ideas ;  others  say  that  it  is  opposed  to  their  views  of  proper  economy 
in  the  administration  of  this  Government.  Well,  sir,  are  these  sufficient  reasons 
to  defeat  the  passage  of  this  bill,  or  to  retard  for  a  single  day  the  passage  of  the 
proposed  amendment?  No,  sir  ! 

Let  me  again  remind  senators  that,  while  we  are  endeavouring  to  settle  differ 
ences  of  opinion  on  matters  of  form  and  parliamentary  etiquette,  the  Indians  in 
California  are  starving. 

In  concluding  these  wholly  unpremeditated  remarks,  I  must  be  permitted  to 
reiterate  these  painful  truths: — that  you  have  destroyed  the  homes  of  these  peo 
ple,  devastated  their  villages;  you  have  taken  away  their  occupation,  and  have 
extracted  millions  of  gold  from  their  mines ;  and  that  you  are  bound  by  every 
principle  of  duty  to  make  this  appropriation  of  $100,000 — ay,  sir,  and  $500,000 
more,  if  necessary,  to  preserve  peaceful  relations  with  them,  or  to  keep  them  from 
starvation. 


Remarks  of  the  Hon.  It.  F.  Stockton^  of  New  Jersey, 

DELIVERED    IX    THE    SENATE    OF    THE    UNITED    STATES,  DECEMBER    14,  1852, 

On  the  adoption  of  the  following  resolutions  offered  by  the  Hon.  John  Davis, 
of  Massachusetts: — 

"  Resolved,  That  the  Senate  has  received  with  profound  sensibility  the  annun 
ciation  from  the  President  of  the  death  of  the  late  Secretary  of  State,  Daniel 
Webster,  who  was  long  a  distinguished  member  of  this  body. 

"  Resolved,  That  the  Senate  will  manifest  its  respect  for  the  memory  of  the 
deceased,  and  its  sympathy  with  his  bereaved  family,  by  wearing  the  usual 
badge  of  mourning  for  thirty  days. 

'*  Resohed,  That  these  proceedings  be  communicated  to  the  House  of  Repre 
sentatives." 

Mr.  Stockton  said: — 

Mr.  President : — I  was  prevented  from  coming  to  Washington  until  this  morn 
ing.  After  travelling  all  night,  I  hastened  here  to  take  my  seat,  wholly  un- 
apprised  of  the  intention  of  the  senator  from  Massachusetts  to  introduce  the 
resolutions  now  before  the  Senate. 

It  would,  therefore,  not  become  me,  nor  the  solemnity  of  the  occasion,  to 
mingle,  unprepared  as  I  needs  must  be,  my  voice  in  the  eloquent  lamentation, 
which  does  honour  to  the  Senate,  for  any  other  purpose  than  merely  briefly  to 
express  my  grief,  my  sorrow,  my  heartfelt,  unaffected  sorrow,  for  the  death  of 
Daniel  Webster. 

Senators,  I  have  known  and  loved  Daniel  Webster  for  thirty  years.  What 
wonder,  then,  I  sorrow?  But  now  that  I  am  on  my  feet  for  that  purpose,  and 
the  Senate,  who  knew  and  loved  him,  too,  are  my  listeners,  how  am  I  to  express 
that  sorrow?  I  cannot  do  it.  It  cannot  be  done.  Oh!  sir,  all  words  in  moments 
such  as  these,  when  love  or  grief  seeks  utterance,  are  vain  and  frigid. 

Senators,  I  can  even  now  hardly  realize  the  event,  that  Daniel  Webster  is 
DEAD — that  he  does  not  "still  live." 

I  did  hope  that  God,  who  has  watched  over  this  Republic,  who  can  do  all 
things,  "who  hung  the  earth  on  nothing/'  who  so  endowed  the  mind  of  Daniel 
Webster,  would  still  longer  have  upheld  its  frail  tenement,  and  kept  him  as  an 
example  to  our  own  men  and  to  the  men  of  the  whole  world. 

Indeed,  it  is  no  figure  of  speech  when  we  say  that  his  fame  was  "  world-wide." 

But,  senators,  I  have  risen  to  pronounce  no  eulogy  on  him.  I  am  up  for  no 
such  vain  purpose.  I  come  with  no  ceremjny.  I  come  to  the  portals  of  his 


126  APPENDIX   E. 

grave,  stricken  with  sadness,  before  the  assembled  Senate,  in  the  presence  of 
friends  and  senators,  (for  whether  they  be  of  this  side  of  the  Chamber  or  the 
other  side  of  the  Chamber,  I  hope  I  am  entitled  to  call  every  senator  my  friend,) 
to  mingle  my  grief  with  the  grief  of  those  around  me.  But  I  cherish  no  hope 
of  adding  one  gravel-stone  to  the  colossal  column  he  has  erected  for  himself.  I 
would  only  place  a  garland  of  friendship  on  the  bier  of  one  of  the  greatest  and 
best  men  I  ever  knew. 

Senators,  you  have  known  Mr.  Webster  in  his  public  character,  as  a  states 
man  of  almost  intuitive  perceptions,  as  a  lawyer  of  unsurpassed  learning  and 
ability,  as  a  ripe  and  general  scholar.  But  it  was  my  happiness  to  know  him, 
also,  as  a  man,  in  the  seclusion  of  private  life ;  and  in  the  performance  of 
sacred  domestic  duties,  and  of  those  of  reciprocal  friendship,  I  say,  in  this  pre 
sence,  and  as  far  as  my  voice  may  reach,  that  he  was  remarkable  for  all  those 
attributes  which  constitute  a  generous,  magnanimous,  courageous,  hospitable, 
and  high-minded  man.  Sir,  as  far  as  my  researches  into  the  history  of  the 
world  have  gone,  they  have  failed  to  discover  his  superior.  Not  even  on  the 
records  of  ancient  Greece,  or  Rome,  or  of  any  other  nation,  are  to  be  found  the 
traces  of  a  man  of  superior  endowments  to  our  own  Webster. 

Mr.  President,  in  private  life  he  was  a  man  of  pure  and  noble  sentiments, 
and  eminently  kind,  social,  and  agreeable.  He  was  generous  to  a  fault.  Sir, 
one  act  of  his — one  speech  of  his  made  in  this  chamber — placed  him  before  all 
•men  of  antiquity.  He  offered  himself — yes,  you  all  remember,  in  that  seat  there, 
he  rose  and  offered  himself  a  living  sacrifice  for  his  country.  And  Lord  Bacon 
has  said  that  he  who  offers  himself  as  a  sacrifice  for  his  country  is  a  sight  for 
angels  to  look  upon. 

Mr.  President,  my  feelings  on  this  occasion  will  not  surprise  senators  who 
remember  that  these  are  no  new  sentiments  for  me ;  that  when  he  was  living  I 
had  the  temerity  to  say  that  DANIEL  WEBSTER  was  the  greatest  among  men  and 
a  true  patriot — ay,  sir,  when  the  expression  of  such  opinions  might  have  inter 
fered  with  political  aspirations  imputed  to  me.  Well,  sir,  if  an  empire  had 
then  been  hanging  on  my  words,  I  would  not  have  amended  or  altered  one 
sentiment. 

Having  said  thus  much  for  the  dead,  allow  me  to  express  a  word  of  thanks  to 
the  honourable  senator  from  Michigan,  (Mr.  CASS.)  Sir,  I  have  often  had  occa 
sion  to  feel  sentiments  of 'regard,  and,  if  he  will  permit  me  to  say  it,  of  affec 
tionate  regard  for  him,  and  sometimes  to  express  them ;  but  the  emotions  cre 
ated  in  my  heart  by  his  address  this  morning  are  not  easily  expressed.  I  thank 
him — in  the  fulness  of  my  heart  I  thank  him ;  and  may  God  spare  him  to  our 
country  many  years.  May  he  long  remain  here  in  our  midst  as  he  is  at  this 
day,  in  all  the  strength  of  manhood  and  in  all  the  glory  of  matured  wisdom ! 


Remarks  of  Mr.  Stockton,  of  New  Jersey,  on  Mr.  Merriwether' s 

Resolution. 

DELIVERED   IN    THE    SENATE    OF    THE    UNITED    STATES,  AUGUST   11,  1852. 

The  following  resolution  of  Mr.  Merriwether  was  taken  up  for  consideration 
by  the  Senate  on  the  14th  of  August : — 

"Resolved,  That  the  President  of  the  United  States  be  requested  to  inform  the 
Senate  what  amount  of  public  money  has  been  paid  to  General  Winfield  Scott  and 
General  Franklin  Pierce,  respectively,  from  the  time  of  their  first  entrance  into 
the  public  service  up  to  the  present  date,  distinguishing  between  regular  and 
extra  compensation  ;  also,  for  what  said  amounts  were  paid,  whether  for  pay 
proper,  rations,  forage,  horses,  mileage,  transportation,  servants,  quarters,  fuel, 
medical  attendance,  or  commutation  for  any  of  the  preceding  items  ;  also,  that 
he  inform  the  Senate  what  amount  of  extra  compensation  has  been  claimed  by 
either,  the  items  of  each  and  every  such  claim  when  first  presented,  and  when 


APPENDIX   E.  127' 

and  by  whom  allowed  or  rejected,  and  the  official  reasons  given  at  the  time  for 
such  allowance  or  rejection,  and  whether  any  item  or  items,  claim  or  claims, 
once  disallowed,  were  subsequently  presented  for  payment,  and  if  so,  how  often 
and  when,  and  if  subsequently  allowed  or  paid,  by  whom  and  when,  and  the 
amounts  thereof,  and  the  reasons  for  such  allowance,  and  the  amounts  thereof; 
and  that  he  also  inform  the  Senate  whether  either  of  the  above-named  gene 
rals  has  received  from  the  public  treasury  pay  or  emoluments  for  discharging 
the  duties  of  more  than  one  office  or  employment  at  the  same  time,,  and  if  so, 
what  offices  or  employments,  and  the  amount  of  such  pay  and  emoluments,  and 
the  time  when  paid,  and  whether  any  claim  or  claims  have  been  presented  for 
the  discharge  of  the  duties  of  two  or  more  offices  or  employments  at  the  same 
time  by  either  of  them,  and  disallowed,  and  if  so,  by  whom  disallowed,  when 
and  for  what  reasons  then  given ;  and  that  he  also  inform  the  Senate  whether 
either  of  the  above-named  generals  has  ever,  under  colour  of  charging  for  per 
centage,  or  for  extra  compensation,  or  for  any  other  reason  or  reasons,  or  in 
any  manner  or  form,  applied  to  his  own  use,  or  retained  in  his  hands,  any  of 
the  public  funds  or  property  without  authority  of  law,  and  if  so,  when  and  the 
amount  or  value  thereof,  and  whether  the  amount  thus  applied  or  retained,  or 
any  part  thereof,  has  ever  been  repaid  to  the  United  States,  and  if  so,  what 
amount  and  when  so  repaid,  and  whether  any  amount  of  public  money  or  pro 
perty,  which  has  ever  come  to  the  hands  or  possession  of  either  of  them,  remains 
unaccounted  for,  and  if  so,  in  whose  hands  and  how  much." 

The  resolution  having  been  discussed  by  Senators  Douglas,  Weller,  Brad 
bury,  Jones,  Soule,  Underwood,  Butler,  Clemens,  and  Adams, 
Mr.  STOCKTON  said : — 

This  is  not  the  first  occasion,  Mr.  President,  that  I  have  had  the  misfortune 
to  differ  from  views  expressed  by  my  political  friends.  It  has  always  been  a 
source  of  some  regret  to  do  so ;  it  is  especially  grievous  to  me  to-day.  I  find 
myself  compelled  to  dissent  from  the  course  which  my  distinguished  friend  from 
Louisiana  (Mr.  Soule)  has  indicated  that  his  duty  constrains  him  to  take.  I 
have  some  relief,  however,  from  this  embarrassment  in  the  persuasion  that  his 
own  sentiments  of  personal  honour  and  patriotism,  as  far  as  they  are  connected 
with  this  subject,  do  not  differ  materially  from  mine.  If  they  did,  I  should  cer 
tainly  distrust  my  own  instincts  and  judgment,  so  far  at  least  as  to  remain 
silent.  But,  supposing  that  my  honourable  friend,  in  following  the  example  of 
others,  has  mistaken  his  true  position,  and  placed  the  defence  of  his  vote  on 
political  and  party  grounds  alone,  and  believing  likewise  that  others  of  my 
honourable  friends  here  have  taken  the  same  erroneous  view  of  this  subject, 
and  have  looked  upon  it  only  in  one  aspect,  I  shall  venture,  even  though  I  have 
already  heard  from  them  a  general  expression  of  opinion  in  favour  of  the  reso 
lution,  to  make  an  appeal  to  both  sides  of  this  chamber  to  uphold  the  dignity 
of  the  Senate,  and  to  lay  both  the  resolution  and  the  amendment  upon  the 
table. 

Sir,  gentlemen  have  discoursed  upon  this  subject  as  if  they  had  no  other  obli 
gations  in  the  world  except  those  which  are  due  as  party  men  to  General  Scott 
and  General  Pierce,  or  to  their  respective  political  parties. 

Now,  sir,  permit  me  to  say  that  I  stand  here  this  morning  as  a  senator  of  the 
United  States,  and  not  merely  as  a  politician ;  and  that  while  I  bear  in  remem 
brance  the  long  line  of  grave,  dignified,  and  distinguished  men  and  patriots 
who  have  served  their  country  in  this  Senate,  I  cannot  consent  to  act  or  vote 
upon  any  measure  arising  in  this  body  solely  on  party  grounds,  or  upon  any 
such  principles  as  those  assumed  by  some  of  my  distinguished  friends  upon 
this  occasion.  I  have,  as  a  senator,  nothing  to  do  with  the  party  interests  or 
affinities  of  General  Scott  or  General  Pierce  in  the  discussion  of  this  question. 
I  care  but  little  about  either  one  or  the  other  in  comparison  with  my  duty  to 
the  Senate  and  the  country.  In  this  matter  I  care  nothing  about  party  politics. 
Mr.  President,  upon  another  occasion  and  in  another  place  I  said  that  my  party 
robes  hung  loosely  upon  my  shoulders  whenever  the  honour,  the  interest,  and 
the  welfare  of  my  country  were  at  stake ;  and  now,  sir,  here  before  this  Senato 

22 


128  APPENDIX   E. 

and  before  the  people  I  say  that  my  party  robes  will  hang  loosely  upon  my 
shoulders  whenever  the  honour,  the  dignity,  and  usefulness  of  this  august  body, 
in  my  judgment,  may  depend  upon  any  vote  of  mine. 

Sir,  is  this  the  arena  to  discourse  on  the  subject  of  party  politics,  or  to  indulge 
in  personal  commendation  or  vindictive  aspersion?  I  say  no.  Party  politics 
is  a  business  that  our  constituents  never  expected  or  desired  us  to  waste  their 
time  upon  here.  It  is  a  small  business,  which  the  Democratic  party  do  not  expect 
or  wish  us  to  meddle  with;  and,  if  I  have  not  wrongly  estimated  their  virtue, 
and  wisdom,  and  patriotism,  they  would  prefer  that  we  should  lay  the  resolu 
tion  and  the  amendment  upon  the  table  rather  than  that  we  should  do  any  thing 
to  impair  public  confidence  in  the  exalted  reputation  and  dignity  of  this  body. 
But  it  is  said  that  there  is  a  Whig  precedent  for  this  resolution.  Then  let  us 
put  the  brand  of  Democratic  disapprobation  upon  it.  I  move  that  the  whole 
subject  be  laid  on  the  table. 

Mr.  Underwood. — Will  the  honourable  senator  allow  me  to  say  a  word  ?  It 
will  be  very  short,  and  I  will  renew  the  motion. 

Mr.  Stockton. — No,  sir  ;  I  cannot  withdraw  the  motion. 

Mr.  Bradbury  and  Mr.  Merriwether  asked  for  the  yeas  and  nays  on  the  mo 
tion  ;  and  they  were  ordered,  and,  being  taken,  resulted — yeas  20,  nays  23 — as 
follow : — 

Yeas — Messrs.  Adams,  Bayard,  Bell,  Brooke,  Butler,  Chase,  Davis,  De  Saus- 
sure,  Foote,  Geyer,  Hunter,  James,  Mallory,  Pearce,  Smith,  Stockton,  Sumner, 
Underwood,  Upham,  and  Wade — 20. 

Nays — Messrs.  Atchison,  Borland,  Bradbury,  Bright.  Cass,  Charlton,  Cle 
mens,  Dodge,  of  Wisconsin,  Dodge,  of  Iowa,  Douglas,  Downs,  Felch,  Hamlin, 
Jones,  of  Tennessee,  Merriwether,  Norris,  Sebastian,  Seward,  Soule,  Spruance, 
Toucey,  Walker,  and  Wreller — 23. 

So  the  motion  was  not  agreed  to. 


Before  his  death,  Mr.  Cooper  wrote  a  "Continuation  of  his  Naval  History," 
from  which  we  make  a  brief  extract. 

Mr.  Cooper,  giving  a  detailed  account  of  the  operations  of  the  navy  in  the 
"Conquest  of  California,"  says: — 

"Throughout  the  whole  of  the  foregoing  movements,  Commodore  Stockton 
exhibited  great  activity,  energy,  and  spirit.  He  and  his  ship  seem  to  have  been 
everywhere  ;  and,  whatever  may  be  the  decision  of  military  etiquette  as  between 
the  rival  competitors  for  the  command  of  this  successful  expedition  against  the 
enemy's  capital,  there  can  be  no  misapprehension  on  one  subject,  and  that  is, 
that  Commodore  Stockton  was  in  the  thickest  of  the  fight  and  animated  his 
men  not  only  by  his  presence,  but  by  a  very  brilliant  personal  example. 

"Commodore  Stockton  virtually  assumed  the  command  near  the  close  of 
July,  and  the  whole  of  the  succeeding  five  months  was,  on  his  part,  a  scene  of 
as  great  exertion  and  of  as  bold  assumption  of  responsibility  as  ever  character 
ized  the  service  of  any  man  under  the  flag.  We  conceive  the  whole  of  those 
movements,  marked  as  they  were  by  so  much  decision  and  enterprise,  to  have 
been  highly  creditable  to  the  American  arms,  and  particularly  so  to  that  branch 
of  the  service  of  which  we  are  writing." — Naval  History. 


Speech  of  Commodore  Stockton,  delivered  in  the  State-House,  Trenton, 
New  Jersey,  at  the  reception  of  Mr.  Webster  by  the  members  of  the 
Legislature,  March,  1852. 

SECTORS  AND  GENTLEMEN  OF  THE  ASSEMBLY,  AND  FELLOW-CITIZENS  : — You 
.may  perhaps  imagine  that  I  am  very  fond  of  making  speeches.  It  is,  therefore, 
proper  £0?  me  to  say  that  this  is  not  the  time  or  the  occasion  I  should  have 


APPENDIX    E.  129 

selected  for  such  a  purpose.  I  am  altogether  unprepared ;  I  did  not,  I  could 
not  have  anticipated  this  event,  or  that  any  power  on  the  face  of  the  earth  could 
have  dragged  out  of  me  a  speech  or  an  attempt  at  a  speech  upon  this  occasion 
so  worthily  appropriated  to  your  distinguished  visitor. 

If  senators  and  members  of  the  House  of  Assembly  require  any  additional 
proof  of  my  regard  for  them  or  my  desire  to  serve  them,  or  of  my  willingness 
to  sacrifice  myself  for  them,  you  have  it  in  this  prompt  but  hazardous  compli 
ance  with  your  wishes. 

This  venerable  hall,  distinguished  by  so  many  proud  reminiscences  and  hal 
lowed  associations  connected  with  the  early  history  of  New  Jersey,  has  this  day 
been  honoured  in  a  way  that,  if  the  spirits  of  our  fathers  are  hovering  over  us, 
they  will  applaud  the  spectacle. 

Friends  and  Fellow-Citizens : — If  there  is  any  thing  that  can  rouse  up  the 
best  emotions  of  the  human  mind,  it  is  the  contemplation  of  the  spontaneous 
affection  which  gratitude  sometimes  bestows  upon  the  possessor  of  high  virtues 
and  great  intellectual  attainments.  When  we  can  lay  down  on  the  altar  of 
patriotism  all  our  selfish  and  unworthy  feelings,  forgetting  party  predilections 
and  sectional  differences,  to  pay  just  homage  to  the  great  and  good,  we  may  feel 
that  we  have  achieved  a  triumph  over  human  infirmity  of  which  we  may  well 
be  proud. 

This  is  a  proud  day  for  New  Jersey.  I  feel  it  as  a  Jerseyman,  as  a  man,  as 
a  patriot.  This  day,  here  in  this  Hall  of  the  Representatives  of  the  people,  the 
men  and  women  of  New  Jersey  have  assembled  to  testify  their  regard  for  the 
talent,  the  patriotism,  and  the  worth  of  Daniel  Webster,  one  of  the  wisest  and 
best  of  mankind.  Whenever  I  contemplate  the  character  of  Daniel  Webster — 
his  extraordinary  endowments — my  heart  goes  to  heaven  in  thanks  to  God  that 
he  has  made  such  a  man,  that  he  has  thus  endowed  one  of  our  species.  It  is 
not  simply  that  manly  form  or  noble  brow  (which  seems  to  have  been  placed 
as  a  crown  to  mark  the  man)  to  which  our  homage  is  paid,  but  to  one  of  the 
strongest  hearts  and  most  gigantic  minds  of  the  age.  I  have  known  him  for 
thirty  years,  and  have  seen  him  sitting  among  the  wise  and  good  in  the 
councils  of  the  nation.  I  myself  have  sat  beside  him  and  drunk  in  every 
word  that  fell  from  his  almost  inspired  lips.  I  say  before  this  assembly,  and 
before  the  world,  that  if  there  is  a  patriotic  heart  that  warms  the  bosom  of  any 
man,  that  heart  is  in  the  body  of  Daniel  Webster.  I  have  heard  him  discourse 
in  private,  at  various  times,  on  the  subject  of  our  public  affairs,  and  I  never 
heard  him  say  a  word  that  might  be  construed  inimical  to  the  interests  of  his 
country  or  his  race,  or  that  might  not  well  have  emanated  from  the  heart  of 
great  and  pure  men.  I  have  seen  him  engaged  in  the  sports  of  the  field  with 
his  gun  upon  his  shoulder,  following  my  own  dogs;  in  short,  whenever  or 
wherever  I  have  heard  or  seen  him,  he  has  always  been  the  same  great  and 
generous  man. 

You  need  not  then  be  surprised  at  my  hesitation  to  speak  on  this  occasion,  or 
think  my  concern  affected. 

The  exalted  patriotism  and  great  talents  of  your  distinguished  visitor  are  quite 
enough  to  disturb  my  poor  abilities.  But  still  I  could  not  refuse  your  wish  to 
hear  me  speak,  or  let  the  occasion  pass  without  raising  my  feeble  voice  in  wel 
come  of  your  guest ;  nay,  more,  I  am  proud  of  the  occasion,  and  rejoice  in  the 
opportunity  to  pay  my  fealty  to  exalted  worth. 

Mr.  Webster  has  justly,  and  I  believe  truly,  said  that  whenever  he  has  crossed 
our  territory  and  looked  out  on  our  fields  the  enthusiasm  of  patriotism  was 
kindled  in  his  breast  to  a  greater  degree  than  anywhere  else.  Mr.  Webster  is 
one  of  the  few  men  who  have  studied  the  traditions  of  New  Jersey,  and  I 
recommend  them  to  the  study  of  all  my  fellow-citizens.  Her  history  has  never 
yet  been  written.  When  it  is  truly  written  it  will  make  some  of  the  brightest 
pages  in  the  history  of  our  country,  not  only  where  it  recounts  the  military  ex 
ploits  of  the  Revolution,  but  where  it  may  tell  of  her  steady  perseverance  in 
maintaining  the  institutions  of  the  country  in  time  of  peace.  A  well-written  his 
tory  of  the  State  of  New  Jersey  will  make  the  national  heart  leap  with  joy  and 
pride.  New  Jersey  has  heretofore  had  too  much  dignity  to  boast  of  her  achieve- 


130  APPENDIX  E. 

ments,  and  too  much  pride  to  complain  of  injustice.  New  Jersey  has  scarcely 
ever  been  heard  to  demand  from  the  councils  of  the  country  her  just  and  equal 
rights,  but  she  has  at  last  protested.  The  other  day  I,  as  your  representative, 
called  on  the  wisdom  of  the  nation,  then  around  me  in  the  Capitol,  to  witness 
that  New  Jersey  had  suffered  and  sacrificed  much  for  the  country  and  the  Union, 
that  she  had  fought  as  valiantly  and  performed  as  important  services  to  this 
nation  as  any  of  her  sister  States,  and  that  she  had  received  as  few  direct  bene 
fits  from  the'Gencral  Government  as  any  other  State. 

In  the  history  of  nations  you  can  hardly  find  such  an  exhibition  of  self-de 
pendence  and  moral  grandeur  as  may  be  found  in  the  annals  of  our  State.  New 
Jersey  has  proceeded  on  steadily  in  the  path  of  patriotic  duty  and  noble  sacri 
fice,  without  complaint  or  yet  remonstrance. 

To  estimate  New  Jersey  by  her  own  pretensions,  you  could  scarcely  imagine 
that  she  had  ever  made  a  sacrifice  or  fought  a  battle  in  the  cause  of  Liberty  or 
the  Constitution.  When  you  come,  however,  to  examine  her  records,  you 
will  be  amazed  to  see  that  she  has  accomplished  so  much  for  the  public 
welfare,  and  astonished  that  she  has  received  nothing  worthy  a  name  from  the 
General  Government.  Her  mineral  resources  appear  to  be  inexhaustible,  but 
they  are  buried  in  her  mountains ;  her  hills  are  filled  with  iron  and  copper,  all 
useless,  inactive,  dead,  in  consequence  of  a  constantly-fluctuating  revenue  sys 
tem.  I  will  never  be  a  beggar  at  their  doors,  but  I  shall  not  be  slow  to  tell  them 
what  our  necessities  require,  and  what,  in  my  judgment,  justice  demands.  I 
shall  insist,  because  it.  is  good  Democratic  doctrine.  I  shall  insist  upon  drag 
ging  the  iron  out  of  our  mountains  down  to  the  sea-coast.  We  want  it  for  our 
national  defences.  I  am  aware  that  I  tread  upon  delicate  ground.  I  hope  no 
one  will  see  cause  to  be  offended.  I  mean  no  offence.  Why  should  not  the 
operations  of  the  General  Government  contribute  to  the  development  of  our  re 
sources  as  it  has  done  that  of  other  States  ?  I  hope  to  get  this  matter  of  iron 
as  well  as  of  glass  included  in  the  next  tariff  bill.  The  tariff  was  heretofore  a 
Democratic  measure  in  the  State  of  New  Jersey. 

The  first  resolutions  on  this  sul^ject,  as  well  as  I  can  recollect,  were  intro 
duced  in  the  Legislature  of  this  State  by  Mr.  James  J.  Wilson,  a  gentleman  of 
eminence  and  worth.  No  one  will  dispute  or  doubt  his  Democracy.  As  a 
leader  of  the  Democratic  party,  he  was  looked  up  to  and  much  respected 
throughout  the  State. 

Not  many  years  after  this,  however,  the  party  was  rent  asunder.  One  side 
took  with  them  the  thunder.  It  was  all  the  thunder  they  had.  They  would 
not  allow  the  matter  to  be  settled,  and  thus  it  became  a  party  question.  How 
much  more  necessary  a  tariff  is  at  this  time,  let  experience  and  facts  show. 
With  an  annual  expenditure  of  fifty  millions  of  dollars  staring  us  in  the  face, 
can  any  thing  be  more  ridiculous  than  to  quarrel  about  the  vagaries  of  free 
trade?  This  amount  of  expenditure  will  require  an  average  duty  of  thirty-three 
per  cent,  on  all  our  importations.  We  have  no  other  resource  for  revenue  of 
any  consequence  but  the  duties  on  imports.  What  folly  then,  I  repeat,  to  be 
constantly  wrangling  about  the  doctrines  of  free  trade!  Fellow-citizens,  my 
party  robes  do  not  hang  very  heavy  on  my  shoulders  when  the  welfare,  the 
honour,  or  the  interest,  of  my  country  are  at  stake. 

I  have  passed  my  grand  climacteric,  and  can  have  at  best  but  few  more  years. 
I  live  now  in  and  for  my  children.  If  I  were  to  consult  my  interest  alone  or 
my  ambition,  I  would  concern  myself  but  little  about  the  constitution  or  the 
laws ;  I  would  not  be  much  concerned  at  what  might  happen.  I  speak  not  for 
myself,  but  for  my  children's  children. 

Here,  in  this  favoured  land,  is  the  last  and  best  asylum  of  Liberty ;  drive  her 
from  these  shores,  and  where  will  she  find  a  resting-place? 

Fellow-citizens,  among  the  most  important  means  of  preserving  our  govern 
ment  in  its  strength  and  purity  is  a  rigid  economy  in  our  public  expenditures : 
they  have  increased  during  the  last  quarter  of  a  century  from  thirteen  to  fifty 
millions  of  dollars ;  and  if  the  augmentation  of  increase  should  be  the  same 
during  the  next  twenty-five  years,  the  cost  of  this  Government  will  be  carried 
up  to  the  enormous  amount  of  two  hundred  millions  of  dollars, — about  three- 


APPENDIX   E.  131 

fourths  of  the  expenses  of  the  British  Empire,  not  including  the  payment  of 
the  interest  on  her  public  debt.  If  this  prodigal  and  wasteful  expenditure  be  not 
arrested,  the  country  will  be  ruined. 

If  corruption,  with  its  hydra  head  and  its  long  train  of  evils,  once  begins  to 
sap  the  foundations  of  the  Republic,  Freedom  is  clean  gone  forever. 

I  desire  to  see  this  Government  brought  back  to  the  simplicity  and  economy 
of  the  days  of  Jefferson.  Such  sentiments  may  seem  strange  to  some  of  my 
fellow  citizens,  but  it  must  be  borne  in  mind  that  I  belong  to  the  young  and  pro 
gressive  school  of  Democracy.  It  is  true  I  was  brought  up  at  the  feet  of  Gama 
liel,  among  the  strictest  sect  of  Federalists :  my  father  was  a  Federalist ;  I 
was  too  young  to  take  a  part  in  the  politics  of  those  days.  lie  was  a  compeer 
of  Hamilton,  of  Washington,  and  other  great  men  of  those  times ;  he  loved 
them  when  they  lived,  and  loved  their  memories  when  dead.  It  was  his  glory 
to  follow  where  the  footsteps  of  Washington  led.  If  I  had  been  old  enough 
in  those  days,  I  would  probably  have  been  a  Federalist.  A  purer  band  of 
patriots  and  more  honest  men  never  ruled  the  destinies  of  any  country.  They 
acted  wisely  in  their  day  and  generation. 


THE  END. 


STEREOTYPED  BY  L.  JOHNSOJf  &  CO. 
PHILADELPHIA. 


14  DAY  USE 

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